When a couple with children is considering divorce, the primary concern is almost always directed at how the kids will handle it. Thanks to Canadian family law, children’s welfare is a top priority and divorce situations are no exception.
Same-sex couples, whether married or common-law, have the same rights and responsibilities as their heterosexual counterparts. From ensuring that same-sex families with more than two parents have equal parenting responsibilities to recognizing issues often associated with assisted reproduction, some practical considerations often need to be made when navigating certain obstacles.
When parents separate, it often puts their children in a precarious position. If the kids are very young, the impact may be minimal since they may not even realize what's happening, but older children will feel the pain as much as their parents do. In fact, children in Canada may often wish to choose with whom they're going to live, but ultimately, that should be the decision of the parents. Under family law, if they can't come to an agreement, the court will make a decision for them.
Fighting over who gets the kids in a divorce situation rarely does anyone any good, and it's especially stressful for the kids. Battling parents may be able to use the tools provided by family law in Canada to iron contentious issues when it comes to child custody. High conflict parents may do more harm to their children than they realize, including a court order to have the children placed in care.
Couples who put their children's needs first when they are separating have made the wisest decision. Family law in Canada always ensures children's welfare is paramount in any situation and that includes when their parents are divorcing. Former couples who develop a positive relationship as co-parents are indeed looking after both the physical and mental well-being of their kids.
It's hard to imagine a parent stealing either money or property from his or her children, but it does happen. Family law rules are in place in Canada to protect children and sometimes that even means from their parents. A child could be named in a will as a beneficiary, and it is incumbent upon the parents or guardians to safeguard any assets that belong to their children or wards.
Some children are given names today that no one would have even considered years ago. Celebrities seem to have paved the way with names like Apple, Moon Unit, North and the like. But, are there restrictions in Canada under family law, when it comes to giving children non-traditional names? It seems it depends upon the province in which the child is born and will reside.
Making the decision to divorce is a life-altering one and one the majority of married couples do not make without careful thought. There are tools in place under family law in Canada to help with the divorce process, but there are some pertinent questions a couple should ask some experts before making a final decision to split. Getting advice that helps will make moving forward either way much less stressful.
Costs of raising children are escalating and most often it takes two parents to care for them, including financially. Family law rules typically provide that when legally married couples divorce in Canada, the parent who earns the most money and who usually is not the primary caregiver pays child support to the parent with whom the children are living. But what happens when the parents never married?
Different courts deal with various aspects of the law. That is also true for family law cases. Essentially, there are two court bodies in British Columbia that speak to family situations. Those are the Supreme Court of British Columbia and the Provincial Court.