The best interests of the children should always be at the forefront of any divorce agreements. Family law in British Columbia has rules in place to see that this is the case. When parents start to quibble over splitting their physical time with their children on a 50-50 basis, chances are it becomes about what is best for them and not for their kids. When arguments ensue about who is with the kids and for how long, it can create problems in children that may follow them into adulthood.
If a separating couple is going to have a documented separation agreement, they might want to know that it may never be a final document. Separation and divorce in British Columbia are governed by family law. Agreements drawn up without legal advice may be scrutinized by the court if parts of the document are erroneous.
A woman who wanted to use frozen embryos to conceive a child after she divorced from her husband has been given the go-ahead by a judge. These kinds of decisions in British Columbia as well as the rest of the country come under the family law umbrella. The woman's former husband did not agree with her wish, so they woman pursued the legal avenue.
Marriage and divorce are federally mandated in Canada, but most other family law issues fall under widely varying provincial laws. Divorce records in British Columbia and others in provinces and territories -- with the exception of Quebec -- aren't sealed and so every personal detail can be publicly scrutinized.
Life can seem unfair at times. When a British Columbia couple breaks up, there are family law rules in place to ensure there is as much fairness as possible in the divorce process. However, a former partner who pays spousal support may not see it that way. If a couple can't come to an agreement on a figure, a judge will do it for them, so there is a lot to say about trying to work out a settlement.
Children are especially vulnerable after their parents divorce. Kids in British Columbia need places where they feel safe and they're away from the possible angst created by their parents' divorces. Most often, those places are day cares or schools. Those places are usually havens for children whose parents are involved in divorce proceedings, and when parents bring their family law issues into those settings it can be especially disturbing for their kids.
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.