by admin | Jun 22, 2024 | Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton, Family Law Lawyer, Family Lawyer
Determining child custody can become very complex when parents from different countries decide to part ways. International child custody cases in Canada are particularly tricky because many laws, regulations, and cultural differences can affect the case.
Here are some of the potential issues you might face:
Which Country’s Laws Apply?
The first challenge in addressing such cases is determining which country’s laws should take precedence. Should it be:
- What are the laws of the country where the child was born?
- What are the laws of the country where the child has been residing?
- What are the laws of the country where one or both parents are from?
There’s no easy answer, and it can get pretty confusing pretty fast.
Enforcing Custody Orders Across Borders
Another area for improvement is there is no simple way to determine custody orders when parents live in different countries. Picture this: a Canadian court grants custody to one parent, but the other takes the children to another country.
At the same time, getting the kids back can be a real challenge, even if you have a court order. Countries have different rules about recognizing and enforcing foreign custody orders, which can complicate things further.
Cultural Differences and Family Dynamics
Cultural differences and family dynamics can also influence international child custody cases. In some countries, children living with extended family members, such as grandparents, are very common.
In Canada, however, the focus is primarily on the parents. These differences in cultural norms can create even more complications.
How Kolinsky Law Can Help
At Kolinsky Law, we understand international child custody cases’ legal complexities and emotional challenges. As the Best Child Custody Lawyer in Edmonton, we have the expertise and experience to navigate these tricky situations. Here’s how we can help:
- We have a deep understanding of international child custody laws and regulations, both in Canada and abroad.
- We work tirelessly to protect our client’s rights and the best interests of their children.
- We provide compassionate support and guidance throughout the entire process, from start to finish.
- We have a track record of success in handling complex international child custody cases.
Finding a Way Forward
International child custody cases are never easy, but with the right legal support and a focus on the children’s well-being, a way forward can be found. At Kolinsky Law, we’re committed to helping families navigate these challenging situations with patience, understanding, and dedication to finding solutions that work for everyone involved.
You don’t need to do it alone if you’re facing an international child custody case in Canada. Contact Kolinsky Law, the Best Child Custody Lawyer in Edmonton, and let us help you protect your rights and your children’s future.
by admin | May 24, 2024 | Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton, Divorce and Separation, Divorce Mediation
Divorce is even more difficult for kids than it will ever be for parents. Kids never ask for it and rarely want it for their parents regardless of age. If you’re ending your marriage and there are kids involved, the process is going to be very difficult for you as well.
Putting all these overwhelming feelings aside, it’s time for you and your partner to work on a co-parenting plan that makes this whole journey easy for your child. To ensure the same, Kolinsky Law has 6 rules you must follow while working on this plan.
1. Your Child Always Comes First
Under these unpleasant circumstances, the best thing you can do is put your children’s needs and emotions first. As a Best Divorce Lawyer in Edmonton, we advise my clients to set aside their differences and focus on providing a stable, nurturing environment for their children. This should strictly avoid negative talk and blame-game shows about the other parent in front of the children and encourage them to maintain a strong relationship with both parents.
2. Clear And Honest Communication
Effective communication is key to successful co-parenting. We urge you to set up a reliable method of communication, such as email or a co-parenting app, to discuss important matters related to your children. Plus, there shouldn’t be room for bringing up your differences here. Keep your conversations focused on your children’s needs, and avoid bringing up past conflicts or personal issues.
Even if you find it difficult to communicate with your ex-spouse, there is always a mediator or a Child Custody Lawyer in Edmonton. Don’t don’t hesitate to reach out.
3. Have a Consistent Parenting Plan And Follow It
You can work with your ex-spouse and your Divorce Lawyer in Edmonton to create a detailed parenting plan that outlines each parent’s responsibilities, visitation schedules, and decision-making authority. A well-structured parenting plan helps minimize confusion and conflict, providing your children with a sense of stability and predictability. Be sure to review and update your parenting plan as your children’s needs change over time.
4. The Plan Should Be Flexible To Make It Easy To Follow
We get it, sticking to the parenting plan is important. But life happens, and unexpected situations will pop up. Be ready to bend a little and accommodate reasonable requests from your ex-spouse, like swapping visitation days or adjusting schedules for special events. Showing flexibility and cooperation tells your children loud and clear that their well-being is your number one priority.
5. Show Them You’re Still A Team
Just because you’re not married anymore doesn’t mean you can’t still be a kick-ass parenting duo! Whenever you can, show up together at your kids’ important events. Attend events like school plays, soccer games, dance recitals — all that good stuff. Trust us, when your kids see you both there, cheering them on and being all supportive, it’s going to mean the world to them.
6. Seeking Professional Help When Needed
More than 60% of divorced parents seek professional help to make things work for their kids. There will be times when you need a little extra support. So, when you feel like it, don’t be afraid to reach out to a therapist, counsellor, or Child Custody Lawyer in Edmonton. This will surely help you navigate the tough stuff and keep your co-parenting relationship on track. Remember, taking care of yourself emotionally is crucial to being the best co-parent you can be.
The Final Word
If you want to make it work, no one can stop you. Successful co-parenting after divorce requires effort, patience, and commitment. It takes putting your differences aside to prioritize your children’s well-being. It also requires both parents to never give up on their kids no matter how big their conflict is.
By putting your children first, establishing clear communication, creating a consistent parenting plan, and being flexible and cooperative, you can build a strong foundation for a healthy co-parenting relationship. If you need assistance with child custody or any other aspect of divorce, don’t hesitate to contact a trusted & Best Divorce Lawyer in Edmonton at Kolinsky Law.
by admin | May 13, 2024 | Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton
It’s only natural and fair to feel overwhelmed and uncertain about the road ahead when you’re facing a custody battle. However, as an Experienced Child Custody Lawyer in Edmonton, Alberta, we can’t stress enough the importance of maintaining a level head and making informed decisions throughout this challenging process.
At Kolinsky Law, we understand that your child is your top priority under these circumstances. So we’re here to guide you every step of the way in this emotional battle.
Unfortunately, even the parents with best intentions can inadvertently make mistakes that could compromise their custody case. Let’s have a look at some common missteps to avoid, ensuring you don’t make any such mistake. This approach can help you start your custody battle with a clear mindset and a strong legal strategy.
Mistake #1: Failing to Prioritize Your Children’s Best Interests
In the heat of a custody dispute, it’s easy to get caught up in personal grievances or a desire for vindication. However, the courts will always prioritize the children’s best interests above all else. Any actions or statements that appear to prioritize your own desires over your children’s well-being could work against you.
Instead, focus on demonstrating your commitment to co-parenting, maintaining stability, and fostering a nurturing environment for your kids. This approach not only aligns with the court’s objectives but also shows your dedication as a parent.
Mistake #2: Disparaging Your Co-Parent in Front of the Children
While you may have fairgrievances against your co-parent, venting those frustrations in front of your children is a surefire way to undermine your case. Not only does it create an unhealthy environment for your kids, but it could also be perceived as an attempt to alienate them from the other parent.
Maintain a respectful and civil demeanor when discussing or interacting with your co-parent, especially in the presence of your children. This level-headed approach demonstrates your ability to prioritize your kids’ emotional well-being, even in the face of personal conflicts.
Mistake #3: Denying or Limiting Court-Ordered Visitation
Unless there are legitimate safety concerns, denying or limiting your co-parent’s court-ordered visitation rights can have severe consequences. Not only does it violate the court’s orders, but it also paints you as an uncooperative parent unwilling to facilitate a healthy relationship between your children and their other parent.
If you have valid concerns about visitation arrangements, address them through proper legal channels. Withholding visitation without justification will only undermine your case and potentially lead to further complications.
Mistake #4: Making Major Decisions Without Consulting Your Co-Parent
While you may have primary custody, significant decisions regarding your children’s upbringing, such as education, healthcare, or relocation, should ideally involve both parents. Unilateral decision-making, unless explicitly granted by the court, could be viewed as a lack of co-parenting and a disregard for your co-parent’s rights.
Whenever possible, consult with your co-parent and make a genuine effort to reach a mutually agreeable solution. If an agreement cannot be reached, seek the court’s guidance rather than taking matters into your own hands.
At Kolinsky Law, our Experienced Child Custody Lawyers in Edmonton, Alberta, are here to help you navigate this complex journey. We understand the emotional toll custody battles can take, and we’re committed to providing compassionate guidance while protecting your legal rights and your children’s best interests.
Don’t hesitate to reach out to our team for a consultation. Together, we’ll develop a comprehensive strategy that avoids common pitfalls and positions you for the best possible outcome in your custody case.
by admin | Aug 8, 2023 | Best Lawyers in Edmonton, Blog, Child Custody, Child Custody Lawyer
When it comes to family dynamics, custody arrangements carry significant weight in determining how parents share responsibilities and time with their children after separation or divorce. Alberta, Canada, offers various custody options, each with its own distinct features and implications. This article aims to elucidate the differences between sole or full custody, joint custody, shared custody, and split custody arrangements prevalent in Alberta, providing clarity on the diverse choices available to families navigating these intricate situations.
1. Sole or Full Custody: Who Holds the Decision-Making Reins?
Sole Custody:
What is sole custody, and how does it work?
Sole custody designates one parent as the primary decision-maker and custodial parent. In this scenario, the custodial parent holds the authority to make major life decisions, such as education, healthcare, and religion. While the non-custodial parent may have visitation rights, the custodial parent’s decisions typically prevail in matters pertaining to the child’s upbringing.
When is sole custody considered?
Courts often consider sole custody when concerns arise about the non-custodial parent’s capacity to provide a stable and secure environment for the child. Factors like a history of abuse, neglect, or substance abuse play a pivotal role in determining whether sole custody is appropriate. However, visitation rights for the non-custodial parent may still be granted under these circumstances.
Full Custody:
Is there a difference between full custody and sole custody?
Full custody is often used interchangeably with sole custody, yet nuances exist between the two. In a full custody arrangement, the custodial parent retains all decision-making authority and primary responsibilities for the child. The non-custodial parent’s role is often limited to visitation rights, unless otherwise specified.
In Alberta, the distinction between sole and full custody might not be of utmost significance, as both arrangements emphasize the custodial parent’s authority and responsibilities.
2. Joint Custody: Finding Harmony in Shared Responsibilities
What does joint custody entail?
Joint custody involves both parents sharing decision-making responsibilities and authority for their child’s upbringing. However, this arrangement does not necessarily entail equal time-sharing between parents. Joint custody emphasizes collaborative decision-making for significant life choices, fostering a balanced role for both parents.
When is joint custody an option?
Joint custody thrives when parents can effectively communicate and cooperate with one another. This arrangement upholds the value of involving both parents in the child’s life and promoting stable transitions between households. Tailoring the arrangement to the family’s unique dynamics ensures the child’s best interests remain paramount.
3. Shared Custody: Balancing Time and Responsibilities
What sets shared custody apart?
Shared custody surpasses joint custody by incorporating an equal or nearly equal distribution of time and responsibilities between both parents. Children in shared custody arrangements spend substantial time with each parent, often following a schedule that alternates between households at regular intervals. Shared custody aims to provide a balanced distribution of parental duties and presence in the child’s life.
When does shared custody thrive?
Shared custody is contingent upon a high level of parental cooperation and communication. The shared nature of responsibilities requires parents to work together harmoniously, ensuring equal participation in decisions and parenting duties. This arrangement prioritizes consistency and meaningful relationships with both parents to support the child’s emotional well-being and overall development.
4. Split Custody: Recognizing Individual Needs
What defines split custody?
Split custody is an arrangement designed for families with multiple children, where each parent has primary custody of at least one child. This approach acknowledges that each child has unique needs and relationships with both parents. Consequently, split custody recognizes that the best arrangement for one child may differ for another.
When is split custody considered?
Split custody is most relevant when children’s individual needs diverge significantly. While this approach allows children to maintain strong relationships with both parents, it can lead to siblings being separated. Courts weigh individual child’s needs and relationships when assessing the feasibility of a split custody arrangement.
5. Legal Factors: The Best Interests of the Child
In Alberta, custody decisions are guided by the “best interests of the child” standard. This legal principle places the child’s physical, emotional, and psychological well-being at the forefront. Courts consider factors such as the child’s age, relationship with each parent, parental ability to create a stable environment, and willingness to foster the child’s relationship with the other parent.
Kolinsky Law for Child Custody
Selecting an appropriate custody arrangement is a consequential decision that shapes the post-separation dynamics of families. Alberta presents a spectrum of custody options: sole custody, full custody, joint custody, shared custody, and split custody. Ascertaining the right fit involves prioritizing open communication, cooperation, and, above all, the child’s best interests.
Navigating the complexities of custody arrangements requires careful consideration of family dynamics and legal implications. Seeking advice from our lawyer well-versed in Alberta’s family law ensures that the chosen custody arrangement aligns with the unique needs and priorities of each family.
by admin | Apr 27, 2022 | Blog, Child Custody, Child Custody Lawyer
The parent-child bond creates a powerful connection that few people would let go of willingly. Although divorces and breakups are famous for inspiring disputes over money, an Edmonton family lawyer will tell you that the most emotional conflicts arise from child custody disputes. Although the law recognizes that children need a relationship with both parents and promotes shared parenting as the ideal, full custody remains an option when the circumstances demand it.
Only very narrowly defined circumstances provide grounds for a judge to restrict parental rights and award full or sole custody to one person. A parent or other guardian petitioning for full custody must prove that the other parent is unfit and cannot fulfill the best interests of the child.
Canadian Child Custody Terminology
When parents talk about child custody, they are often lumping together the legal concepts of parenting time and decision-making responsibility. These terms correspond to what people think of as physical custody and legal custody respectively. Updates to the Divorce Act in 2021 sought to clarify these terms.
Parenting time is time that a parent spends with a child. Co-parents might split the parenting time equally or set up a schedule that fits their lifestyle and the best interest of the child. Parenting time is the aspect of child custody that involves being with the child and providing physical care. The second aspect is decision-making responsibility.
The amount of parenting time someone has does not necessarily correlate with decision-making responsibility, which is the legal right to direct important elements of a child’s life. A parent with this right makes choices related to a child’s cultural and religious upbringing as well as education, health care, and other activities.
A parent who wants full custody, also known as sole custody, likely wants all parenting time and all decision-making responsibility. For sole custody, lawyers in Alberta to pursue such a request, they need to present convincing evidence about parental unfitness.
What Is an Unfit Parent in Alberta?
A judge may rule that a parent is unfit due to:
- Abuse of alcohol or other drugs
- Mental illness
- Domestic abuse
- Child abandonment or neglect
The Child, Youth and Family Enhancement Act of Alberta sets guidelines for identifying neglect.
Neglect occurs when a parent:
- Fails to care for a child properly
- Deprives a child in a social, cognitive, or physiological manner
- Deprives a child of emotional support
- Physically or sexually abuses a child
- Leaves a child in a dangerous place
- Deserts the child
Evidence about a dangerous environment or mistreatment could come from photographs, witness testimony, and police reports. A parent might obtain emergency child custody in Alberta on the basis of preliminary evidence. However, even if a judge grants an emergency custody order for only one parent, the final custody arrangement will not necessarily be the same. A court will take more time and care before making a final ruling on the matter.
A parent or guardian who needs to prove that another parent is unfit will likely want representation from the best child custody lawyer in Edmonton. These are complex cases, and courts are not eager to grant full custody unless a parent clearly threatens the best interests of a child.
How Do I Get Full Custody of My Child in Alberta?
The best interest of the child always guides judicial decisions about child custody. A person seeking sole custody in Alberta must make the case that living with the other parent or allowing that person to make decisions about the child would harm the child or pose a direct danger.
Judges consider many factors when evaluating a child’s best interest. When addressing the question of parental fitness, a judge will think about:
- Did the child have a relationship with the parent?
- Can the parent meet the everyday physical and emotional needs of the child?
- Can the parent provide a stable and secure home life?
- Is there a history of domestic abuse or sexual abuse?
- Does the parent live in the region?
- Is there a history of addiction?
- Is there evidence of a serious mental illness?
- Is there a history of incarceration?
- Will the parent cause physical or psychological harm to the child?
- Will the parent expose the child to drugs or alcohol abuse?
- Does the parent show interest in having child custody?
Can a Child Decide Which Parent to Live With in Alberta?
A court may consider the wishes of an older child but this does not necessarily influence the final decision. A court must evaluate the developmental stage and maturity of the child before factoring in the child’s opinion. Generally, courts do not want to put a child in a position of picking one parent over the other. However, a custody dispute that involves allegations of abuse, neglect, or parental substance abuse might require input from the child.
How to Gather Evidence That a Parent Is Unfit?
A parent who wants full custody likely already has some evidence of parental unfitness against the other party. To prepare a thorough case, a parent can contact at Kolinsky Law in Edmonton any time. The burden is on the parent to prove that the other parent should be restricted from contact with the children. A court may order an in-home child custody evaluation to assess the situation and provide a judge with a professional third-party opinion.
Evidence to support allegations against an unfit parent could come from many sources, such as:
- Medical reports about child injuries
- Arrest reports about the parent
- Statements from teachers, childcare workers, relatives, or neighbors
- Pictures of drugs or drug paraphernalia in the home
- Pictures of bad living conditions
- Medical testimony about a parent’s serious psychiatric condition
Talk to a Child Custody Lawyer in Edmonton
When your child’s safety is in peril, you cannot make compromises. Before believing that you cannot get full custody, get the opinion of a family lawyer at Kolinsky Law. We have experience handling complex and contentious child custody disputes. We can communicate your evidence effectively and promote your child’s best interests in court. For an accurate assessment of your parental rights, contact our office in Edmonton immediately.
by admin | Mar 9, 2022 | Blog, Child Custody, Child Custody Lawyer, Child Support
Federal and Alberta Child Support Guidelines separate child support expenses into two categories. Section 7 of the federal law describes child-related expenses beyond the baseline expenses considered within Section 3, such as housing, clothing, and food. Section 7 broadens the scope of the expenses covered by child support in Alberta to include additional or extraordinary bills necessary for maintaining a child’s lifestyle and wellness.
Families have different incomes and needs. The Alberta Section 7 expenses guidelines do not require every parent to pay every type of expense authorised by Section 7. Your individual circumstances and justifiable desires determine the assignment of these expenses. Consulting a lawyer experienced with Alberta family law will provide you with specific insights about how your child support will be calculated.
What Do Section 7 Child Expenses Include in Alberta?
Child care expenses – A custodial parent who needs to pay for child care for the purpose of going to work or attending school for employment has a legal right to request support from the other parent to cover a share of this cost. A parent who is ill or disabled also may request support to pay for child care services.
Health-related expenses not covered by insurance – The uninsured cost of medical and dental services qualifies as a Section 7 expense. This category includes bills for prescription drugs, orthodontics, and prescription lenses.
Post-secondary education – Just as couples who together share the burden of paying for their children’s attendance at universities or trade schools, separated or divorced parents must do the same. Support payments could apply to tuition, school housing, fees, and text books.
Extracurricular activities – Children often produce additional costs for music lessons, athletics, and other organised group activities. These enriching activities are often viewed as important for a child’s development and happiness. A court will likely agree that both parents should split the cost of extracurricular activities especially if the child participated in them prior to the end of the parents’ relationship.
Extraordinary educational costs – Section 7 recognises that children may require additional services during primary or secondary school. Examples of these expenses include fees for tutors or field trips.
Medical and dental insurance premiums over $100 annually – Keeping a child on a medical or dental plan costs money. The law will support reasonable requests that child support amounts include a share of the expense of a child’s portion of the insurance premium.
Who Pays Section 7 Child Expenses?
The Federal Child Support Guidelines expect both parents to contribute to Section 7 expenses. The division of the cost might be equal or unequal depending on parental income.
Whether you will be receiving or paying a portion of a Section 7 expense, you need to be ready to document your income and the need for the support. The health conditions of a special needs child can be illustrated with reports and letters from medical professionals.
When Are Section 7 Expenses Necessary?
As with all things related to child custody and support, the best interests of the child guide judicial decisions about Section 7 expenses. Your request that a child support order includes one or more Section 7 expenses needs to include supporting documentation that demonstrates the need for the payment.
A court weighs Section 7 decisions based on:
- Necessity
- Reasonableness
- Family spending patterns
Necessity presents the first factor. A child with health problems will need to see medical professionals more often than the average healthy child. Additional medical bills and insurance premiums will burden the parents financially. The necessity of these expenses is quite clear.
Outside of obvious necessity, an expense might still be deemed necessary if it would serve the best interests of the child. A child gifted in academics, music, or athletics, might already have been engaged in special programs or attending a private academy. Such expenses could qualify as a necessity because denying the child the opportunity to continue these activities would go against the child’s best interests.
Even if you cannot argue that an expense is absolutely necessary, it may be reasonable. Any child, even in the absence of special talents, deserves a chance to participate in extracurricular activities. Therefore, athletic fees or travel costs for field trips could meet the standard of reasonableness under many circumstances.
Additionally, most parents agree that their children should have a chance to attend post-secondary educational institutions. Having both parents contribute to the cost is reasonable.
However, the reasonableness standard could help you push back against requests for support that appear unreasonable. For example, if a parent suddenly wants a child to go to private school, then a court might not agree that the extra expense is reasonable in light of the parent not desiring it previously.
Family spending patterns factor into Section 7 expense decisions as well. Previous spending behaviour can help a judge know whether an expense is reasonable. Family law directs the courts to try and maintain a child’s material lifestyle after a divorce. Expenses that parents were paying for prior to a divorce create a pattern that justifies a continuance of paying for those expenses.
How Are Section 7 Expenses Calculated in Alberta?
Parents with roughly equal income levels would divide the bills 50/50. The share shifts when one parent has a higher income. For example, a parent whose income is 30% higher than the other parent’s income would pay a share 30% higher than the co-parent.
Various tax deductions, credits, or other subsidies could also factor into the support amount that a parent is directed to pay. Any available benefits that would reduce the cost burden of a child-related expense would deduct from the amount that either parent needs to pay.
Negotiating Section 7 Expenses Between Parents
You do not have to leave the final decisions and calculations of Section 7 expenses in the hands of a court. Parents may negotiate between themselves privately about how they will divide the extra costs associated with raising their children.
Although coming to terms with a former partner can be challenging, you would benefit from working out a deal privately. You would not have to wait for a court date or pay the extra legal fees necessary for a hearing before a judge. You also avoid the risk of a court not approving your request or burdening you with a cost that you had not expected to pay.
Advice from a child support lawyer in Edmonton could prepare you to negotiate these expenses. A lawyer will help you understand what expenses are included in child support. This information lets a parent know what would be included under Section 3 and what could qualify under Section 7.
When speaking with the co-parent, you may find it helpful to present the receipts for the current expenses. The documentation could aid in resolving the matter when a parent sees what services are being provided. If you think that you are being asked to pay too much or a co-parent rejects your request, an Edmonton family lawyer can advance the issue to a courtroom and communicate your needs.
Speak With an Edmonton Child Support Lawyer
Most parents want what is best for their children. When negotiating child support amounts with a co-parent, you need to know everything that should factor into that decision. At Kolinsky Law, we represent people in all matters of family law. We aim to broker efficient solutions that meet a family’s financial situation whether that means going to court or conducting private negotiations. To make fully informed decisions about child support, contact our office today.
