Custody / Access Assessment is actually a well known phenomena we often see play out in movies.  Sometimes a professional such as a social worker, psychologist or even a psychiatrist  enter into a family’s living situation to perform an assessment on the family and their living conditions.  Custody access assessment is usually ordered by the judge if the parents can’t agree on parenting and child visitation arrangements among themselves or through a mediation and arbitration lawyer.

The purpose of this procedure is to help judge define the best parenting arrangements for the children.  As mentioned above, usually this assessment is performed by a 3rd party such as a social worker and tends to be a fair assessments of the family conditions and motivated by childrens’ best interests.

Before assessment is started the parents usually meet with the judge and he or she will try to help them come to an agreement without going to trial.  At this pretrial meeting the custody or access assessment is usually ordered.  Note that in some events this may happen even before pretrial meeting if both of the parents request it.  If only one of the party wishes to request assessment, then it can be done so through an application.

It must also be pointed here that at any point in time, the parents have the right to stop this procedure shall they reach an agreement.

The procedure itself goes in the following way.  At first the judge decides what information is required for a particular family case.  It is important that the gathered information is full and true because it will be used to define which of the parents will provide a better life for the child or children.   After the required information is defined, the social worker starts gathering this information.  The information gathered could include family, marital and parenting background, speaking with the parents about their views on the children’s future, needs, observing the children with each parent, interviewing teachers, doctors, new partners, friends and relatives, speaking to the child to name a few.  After the information is covered the social worker then composes a report that contains his or her findings and recommendations on custody and access.  The parents, the lawyers and the court are provided with copies of the report.  After the report is reviewed by both sides, they have a possibility to reach an agreement.  If still no agreements can be reached, a trial maybe necessary.  During the trial the report formulated by the social worker will be used as evidence and social worked who performed the assessment maybe used as a witness.

While all the issues with custody and access are sometimes very hard to settle between the parents because of the emotional and stress that goes into a situation as this, the assessment could become the best solution as it is done independently and based on the interests of the children involved.

If you require family lawyers for your famly cases, lawyerahead.ca is the best way to find a lawyer.

Separations are difficult in and of themselves, but when children are involved, the whole process becomes much more complicated. One party may not be able to accommodate children on a regular basis post-separation. One party may not want the other party to have regular visits or a lot of interaction with the children for reasons of lifestyle or fear of abuse. These are some of the factors courts use to determine child custody.

One misconception is that the primary caregiver of the children is the de facto custodian. This is not the case. The past care of a child may play a factor when determining custody, but if, let’s say, the other party gets a court order to get custody, they will have legal rights to the child and the child will be taken away.

There are many factors that affect a courts decision, but the three that have the most weight are in these cases. The mother is a stay at home mom. Mothers that do not have a job almost always get custody of the children over a father who works. This is because the court likes the children to be in an environment where the parent is certain to be around often.

The second is an established status quo. If children are already living with one of the parents, the court will see this as the default living situation and frown upon changing things up.

Thirdly, courts favor the primary caregiver. If a parent of the child can prove that they are the primary caregiver, the judge may presume that he or she is best able to provide care for the child in the future and grant custody. Although primary caregivers tend to win custody battles, as stated before, there is no guarantee to this effect.

Other factors like which parent can better provide for a child’s financial and emotional needs, the parent/child relationship, which parent has more time available to the child and the child’s special needs all play a part in the process as well. In addition, if the child is older, the courts may go by the wishes of the child and assign custody accordingly.

The process may take a lot of time, but that is not necessarily a bad thing. The courts want what is best for the child and so do you. Determining that may take some time, but in the end, is well worth the trouble.

Finding a lawyer with lawyerahead.ca is as simple as step 1, 2, 3.  Have Family Lawyers and other Lawyers contact you with how best they can help you resolve your Family legal issues.

Unfortunately, some relationships do not work out for a variety of reasons. In some cases where counseling fails or a couple cannot continue their relationship, they may choose divorce.

Divorce can be a tricky process, but there are some general principles you should know. First, get a lawyer.

There is no law that says you have to have a lawyer to get divorced, but when it comes down to it, having one makes the whole process flow smoothly. They are able to answer whatever questions you may have relating to debt, alimony, and child support and they have a keen sense of what specific details you would need to include in a settlement agreement if you and your spouse go that route.

null

A settlement agreement is an agreement you sign voluntarily. These are negotiated voluntarily as well. Settlement agreements offer a broad range of options for both parties to pursue and they are only limited slightly, i.e. someone must support the children and the children must not be subjected to danger or neglect. Your lawyer can guide you based on her experience in court to what you will “probably” get if you go to trial. This guidance is made more accurate by your lawyer’s history with the judge and his years of experience.

Not many guidelines govern divorce. The judge uses his own discretion and each case is unique. Every divorce deals with five basic issues. These are alimony, property division, custody of the children, visitation, and child support. Obviously, if you do not have any kids, divorce is a lot simpler and deals mainly with asset/debt distribution. When it comes to property, the province needs to know who will be holding the deed to maintain the property’s transferability.

The concept of alimony also refered to as Spousal Support has changed lately. The classic view of alimony is the man paying alimony payments to his estranged spouse. Alimony used to be considered the norm, but recently there has been a push towards having both parties support themselves. Technically, the court has the right to order a wife to pay her husband alimony, but this rarely happens. Nowadays, alimony, if awarded, is awarded for shorter periods and for smaller amounts. Alimony payment amounts tend to be the hardest to agree upon during divorce settlement negotiations.

As for assets and debts, they are disseminated between the parties during the divorce process. Assets, or marital property, are tangible property like cars, jewelry and real estate and intangible property such as pensions, patent rights, or retirement accounts. The laws vary on this subject depending on where you live. Your divorce lawyer will help you with this.

The single most important step in a divorce is getting a lawyer. Divorce is extremely difficult to go through emotionally and you might not be thinking clearly. Additionally, lawyers know all the ins and outs that you do not know. Finding an attorney you trust and that works with you will help ease the mind and make the divorce process as painless as possible.

Click here to find a top Family Lawyer in Brampton or a Divorce Lawyer in Brampton.

Click here to find a top Family Lawyer in Mississauga or a Divorce Lawyer in Mississauga for your family legal matters.

Since the beginning of marriage, there has been adultery. Statistics show first marriages have a 50% chance of ending in divorce and the possibility grows larger with each successive marriage. Divorces in Canada peaked in 1987 following the introduction of the Canadian Divorce Act, which shortened the length of separation required before divorce to a year and allows an immediate divorce when adultery or cruelty are admitted to or proven. Infidelity has ruined its fair share of marriages, yet the 21^st century has brought new forms of adultery into the spotlight.

null

As times change, so must the law. Same-sex marriages are on the rise and this will inevitably lead to more and more same-sex affairs. With progressive provinces like British Colombia and Ontario taking the lead on issues like child maintenance and spousal maintenance during same-sex divorces, it is only a matter of time before these rights are ubiquitous.

In 2005, the Supreme Court of British Colombia amended their definition of adultery to include same-sex adultery. This was in response to a wife’s request for immediate divorce from her husband who had cheated on her with another man. Up until then, immediate divorce for adultery would only be granted if one of the spouses admitted to having “voluntary sex with someone of the opposite gender, to whom he or she is not married.” Although the federal definition of adultery is unchanged, this decision most likely influenced the courts of New Brunswick.

In 2006, a New Brunswick court heard a similar case. Courts initially refused Pascal Thebeau’s divorce because the federal definition of adultery was limited to heterosexual affairs. After Thebeau challenged their ruling, the New Brunswick court chose to expand the definition to include same-sex affairs as adultery and granted his request for a divorce.

This appears to be the way courts are leaning. Although there have not been landmark cases in each and every province, the cases on the books show a tendency towards granting divorce, albeit after challenge, due to same-sex adultery. The official definition of what constitutes adultery has yet to be changed and there is a chance a judge may take it upon his or herself to refuse a divorce, because the “adulterer” cheated with someone of the same sex, but that seems less than likely at this point. What is odd to me is that gay marriage was legalized in part back in 2003 and it took three years for the issue of same-sex adultery to arise- originating from a conventional marriage no less. Perhaps when 2010 brings around the dreaded “seven-year itch” there will be further precedent set on a nationwide basis.

Find a Family Lawyer, Lawyers and Attorneys at Lawyer ahead.ca.  Its quick, effective and is the best free way to find a lawyer.

Right from the last week discrimination issues we will move to some more positive things. This spring will be full of anniversaries for one of Canada provinces – New Brunswick.

This spring will mark the 90th anniversary of women obtaining the right to vote in New Brunswick elections (April 17, 1919), and the 75th anniversary of women obtaining the right to be a candidate in New Brunswick elections (March 9, 1934). For those who are not familiar with the history of women’s’ right to vote in Canada we’ll take a short look back. The rights for widows and unmarried women were granted in municipal elections in Ontario in 1884 and later provided in all provinces, but it actually left all the married women without that right. The first province to adopt the right for all women to vote was Manitoba in 1916. Two years later Dominion (federal) parliament passed an act giving women the vote in federal elections. Quebec was the last province to adopt this act, it happened only in 1940. A big part of equal rights also came into force on April 17, 1985 with the Charter of Rights and Freedoms.

The battle for this charter started on Valentine’s Day 1981, when more than 1,300 Canadian women, almost spontaneously gathered for a conference in the Parliament buildings. This protest ensured that the Charter of Rights and Freedoms included the rights of women. This was a direct response to the cancellation of planned conference on women and the Constitution by the Trudeau government. The government busy with the Charter feared that additional equality demands would make the difficult process of writing the Charter even more difficult. In response the president of the Canadian Advisory Council on the Status of Women, Doris Anderson, resigned from her post and the women rights activists organized the Valentine’s Day conference. Before 1981 no Supreme Court of Canada judge had ever been a woman and the old Canadian Bill of Rights had not served women well. The new Charter was the opportunity to finally bring in some real equality in Canada, so the stand was really hard. The result itself was great, women really brought in some significant changes into the new Charter.

The Charter of Rights and Freedoms brought many important changes. For example “Unity of legal personality,” was abolished, it said that wife and husband were one (the husband) and the married woman could not enter into contracts nor sue or be sued. Married women had no right to custody of their children (though they often got them by default), and they were basically duty-bound to give the husband sexual and domestic services and he was protected against loss of his wife’s services. Of course the right to vote was important but these additional rights in family relation were a significant change.

While the set of new laws itself was presented in 1985, in real life the struggle for equality is still ongoing. And the battle for the end of discrimination and equality under the same law will definitely last some more decades.

Links to Family Lawyer, Lawyers and Attorneys.

Times are tough for many. The economy is in rough shape and long-time employees are being laid off left and right. Families are having a difficult time making ends meet. An often overlooked issue is child support payments and it is important to understand your options when you cannot afford to pay the agreed upon amount any longer. Not nipping this problem in the bud as soon as possible has dire consequences and should be avoided at all costs.

The first step when deciding to modify a child support payment is a visit with the ex. Explaining your current situation to them and negotiating a new payment amount can save a lot of time and headaches in court. Maybe work a deal, where you see the children more or compensate them in other ways. The main issue is financial and if taking the kids out to the park a bit more will curb it, it is definitely worth a shot.

There are times where no agreement can be reached and you have to go to court. This does not mean all is lost. Through a family lawyer and explaining to the court your financial situation may convince the judge that you cannot make the payments. If the judge considers your concerns represented valid, he will likely modify your payments, making them affordable. The judge may also encourage you to find employment or a higher paying job so you can make the original payments. This process may require a few trips to the courthouse along with your lawyer to square away. Acceptable cases for temporary modifications are a child’s medical emergency, temporary inability to pay, and temporary financial or medical hardship of the parent. Permanent changes are awarded when: either parent remarries and receives more monies, the law changes, job changes, the cost of living goes up, or when the child’s needs change.

It is vital that you take care of this right away. The penalties for failing to make your support payments can range from a suspension of your driver’s license to a short stint in the jail. If there are any issues with custody, it may be used against you. Under the Child Support Enforcement Act, district attorneys are required to help collect child support, which could mean garnished wages and intercepting tax refunds. Besides that, whatever you fail to pay now will accumulate as arrears against you making it even more difficult. As they say, “A stitch in time saves nine.”