Child Custody Lawyers Edmonton
Experienced Family Lawyers in Edmonton Offering Compassionate Representation in Child Custody Matters
Custody Lawyers Edmonton
At Helm Family Law LLP, our family lawyers have experience negotiating, advising on, and litigating on issues related to child custody – whether the matter is a straightforward custody matter or high conflict child custody litigation.
If you are going through a child custody matter, contact our office today to schedule your no -obligation consultation with one of our family lawyers to learn your options and how to protect your interests and the interests of your children.
What is Child Custody?
“Child custody” refers to the authority to make decisions related to a child and “parenting access” the amount of time that each parent gets to spend with a child. On March 1, 2021, the Divorce Act amendments came into effect and changed these terms to “decision-making responsibility” and “parenting time”. This decision was made so that words used in relation to parenting focus on the relationship with the child.
Informally, custody is often used as an expansive term that includes parenting time and decision-making responsibility.
How is Child Custody Determined?
When determining child custody, the court is only allowed to consider the best interests of the child. The factors a court will consider when determining the best interests of the child are set out in section 16 of the Divorce Act and section 18 of the Family Law Act. These non exhaustive factors will generally include:
- The history of care for the child;
- The protection of the child’s physical, mental, and psychological safety including with respect to the need for stability;
- the child’s cultural, linguistic, religious and spiritual upbringing and heritage;
- Each parents ability and willingness to meet the needs of the child;
- Each parents ability and willingness to facilitate a relationship with the other parent;
- The child’s views and preferences to the extent that it is appropriate to ascertain them;
- The nature and strength of the child’s relationship with each parent and each person residing in each parents household;
- Family violence as it relates to the issue of parenting.
Determining what custody arrangement is in the best interest of the child is an exercise of discretion by the Justice determining the matter. In some circumstances, it will be appropriate for more weight to be given to one factors over another. As custody decisions are discretionary, the outcome may differ based on which Justice is hearing your matter.
It takes years of experience to understand how Justices are likely to exercise their discretion given the particular facts of each case. If you are facing a custody matter we strongly encourage consulting with a family lawyer to understand your case.
Need to Talk to a Family Lawyer? Call ✆ (780)-760-1388 Today to Get Started
Our Family Lawyers
The lawyers at Helm Family Law LLP have over 30 years of combined experience in providing professional, personalized, legal services. Our lawyers focus their practices solely on the areas family and divorce law and have experience in all areas of child custody.
Our lawyers represent clients throughout Edmonton, surrounding communities (including St. Albert, Sherwood Park, and Spruce Grove), and all of Northern Alberta, including Red Deer, St. Paul, Grande Prairie, Peace River, and Fort McMurray. Our lawyers are available for in-person and telephone consultations.
You can read more about our family lawyers at the “Our Team” page.
Child Custody Frequently Asked Questions
What To Do After Being Served With a Custody Application?
The steps to take after being served with a custody application varies depending on what type of application it is, what the scheduled court date is for, and whether your matter is in the Court of King’s Bench of Alberta or Alberta Court of Justice.
After being served with a child custody application it is critical to identify any upcoming court dates as well as filing deadlines for any response materials. Missing court dates or filing deadlines can be extremely prejudicial or even fatal to your case.
It is strongly encouraged to obtain legal advice from a family lawyer when you are involved in a custody matter.
When Can A Child Determine Where They Want to Live?
The Court recognizes that as children get older, that their opinion as to the parenting arrangement should be given more weight. The Court also recognizes that as children approach their teenage years, that for practical purposes, a Parenting Order will typically have to reasonably align with a child’s preferences.
There is no set age as to when a child “gets to choose” where they will live. The child’s capacity, and cognitive development are considered in addition to their age.
It is important to note that even though older children’s opinions may be a decisive factor in determining the parenting schedule, the Court as well as psychologists recognize that this does not mean that the child is necessarily capable of making decisions that are in their own best interests.
When Can a Parent Get Sole Custody?
Sole custody, in the context of decision-making responsibility, can be difficult to obtain when both parents want to be actively involved in the decision-making process.
Often courts will attempt to introduce dispute resolution mechanisms within Parenting Orders rather than granting one parent sole decision-making responsibility. One such dispute mechanism could involve the parties being required to follow the recommendation of the child’s pediatrician if they cannot agree as to a medical decision.
Whether a Justice is likely to grant sole custody is highly fact dependent. You should consult with a family lawyer regarding your circumstances to understand your options and the range of likely outcome.
What Are Resolution Options to Resolve Custody Disputes?
Resolution options to resolve custody disputes include direct negotiation between the parties, negotiation through lawyers, four-way meetings, alternative dispute resolution (such as mediation or court-assisted alternative dispute resolution like Judicial Dispute Resolutions), litigation, and arbitration.
What dispute resolution processes may be available to you depend on whether your matter is in the Alberta Court of King’s Bench of Alberta Court of Justice as well as the incomes of the parties. Some alternative dispute resolution processes available through the court may require one parties income to be below a certain threshold to qualify. Some options such as arbitration, involves paying for the cost of an arbitrator which may be out of reach for lower income parties.
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Office Location
Address:
9452 51 Avenue, Building 3, Suite 202, Edmonton, AB T6E 5A6
Contact Information:
Phone: (780) 760-1388
Facsimile: (780) 760-1389
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