Divorce can be nasty business, and children often become embroiled in the crossfire. But when family law issues concerning child custody matters head to the courts in Canada, are courts making the most prudent judgements? By the time a case gets to the court, it is usually rife with problems since positive resolutions to child custody cases need not involve the courts at all.
Kids between the ages of 9 and 12 usually have a good inkling of what's going on when there is trouble brewing between their parents. This, too, is the time when many children are starting to assert their own individuality, and it can be difficult for them going between two households, especially when they may be a part of a blended family. There are tools within the family law dynamic in British Columbia that can help kids and their parents overcome the difficulties these tweens may be experiencing when they are part of two families.
Couples never enter into marriage thinking that one day they will be signing divorce papers. Family law in British Columbia gives couples the tools with which to start the marriages off on the right foot. One of the documents that can do this is a prenuptial agreement. Since many people are waiting to get married later in life -- in their 30s and in some cases even older -- they likely have amassed much of their own assets. A prenuptial agreement can help a couple to understand how each views the relationship and what they expect from each other.
Couples today have much more to lose should they end up divorcing. As such, family law rules in British Columbia allow couples to fashion agreements that accompany their life-long pledges of love ... just in case. A prenuptial agreement is not a document of mistrust, but one which might allow couples to write down their expectations for their finances and for their relationship. This document not only spells out how assets would be divided should the marriage end but also what would happen financially should one spouse die during the marriage.
There are ways to resolve conflict when it comes to divorcing parents having conflicting ideas where their children are concerned. Family law in Canada gives parents the tools to be able to iron out their differences. In most cases, court is not the way to straighten out a bumpy road, as there are other alternatives.
For the first time in 20 years, Canadian federal divorce laws are poised to undergo some significant changes. Bill C-78, which was tabled in the House of Commons, focuses on child-centred language and initiatives aimed at moving the divorce process away from the court system.
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.