Child Custody and Parenting

1. Child Custody and Parenting In partnership with the Edmonton Public Library Updated November 2013

2. Agenda • Introductions • How this evening’s presentation will proceed • Housekeeping – washroom locations • You have three things in front of you: • A copy of this PowerPoint • A resource sheet • A feedback form that we ask that you fill out before you leave tonight to help us improve these sessions. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

3. Disclaimer The information presented during this session may have limited application to your particular situation.  The lawyers who are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation.  The lawyers who are here this evening CAN NOT provide you with individual legal advice. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

4. Legal Assistance • Legal Aid – (780) 427-7575 • Student Legal Services – (780) 492-8244 • Law students • Simple support/variation applications; Substituted service orders; Do Your Own Divorce Clinics • Duty Counsel • Provincial Court – Courtroom 441 • Court of Queen’s Bench – Courtroom 314 and 612 • Limited scope retainer • Pro bono legal services • Summary legal advice (where available) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

5. Contents • Take a Child Focused Approach • Parenting After Separation • Other Workshops • Mediation • Legal Terms • Choosing Which Court • “Best Interests” “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

6. Contents • Parenting Plans • Court Proceedings • Other Related Topics • Mobility • Variation • Appeals “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

7. Resolving Issues Out of Court “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

8. A. Take a Child Focused Approach How a child reacts to their parent separation will depend on age, level of emotional development, attachment or relationship history, and most importantly, how respectful the parents are toward one another. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

9. A. Take a Child Focused Approach In most cases, children want to spend time with both parents. It is generally in a child’s best interest to have time with both parents. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

10. 1. Parenting After Separation • No-cost, 6-hour workshop • Helps parents understand process and effects of separation • Encourages positive choices by parents about how to continue to parent after separation • Mandatory attendance for Queen’s Bench “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

11. 1. Parenting After Separation • Voluntary attendance for Provincial Court, unless ordered by the Court • In Edmonton, call (780) 413-9805 • To download manual: <www.albertacourts.ab.ca/fjs/FJS_PAS_Manual_12.pdf> • Notice of Mandatory Seminar handout available on side table “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

12. 1. Parenting After Separation • Course topics include: • Relationship building • Effect of separation on parents and on children • Communication skills • Legal issues • Mediation and collaborative family law • Parenting plans “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

13. 2. Other Workshops • Focus on Communication in Separation • Parenting after Separation for High Conflict Families • See handout – Recognizing High Conflict Coparental Relationships (from page 21 of PAS Manual) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

14. 3. Mediation • Parents meet with neutral mediator who helps them come to an agreement • Approximately 80% success rate • Best to do early in the process (soon after separation or even before separation) • Not appropriate for all situations (e.g. family violence) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

15. B. Legal Terms • Guardianship • A guardian is the person who is responsible for the care, maintenance, and well-being of the child. • Each parent will generally be a guardian of the child (some exceptions for unmarried parents) • “Custody” and “access” are aspects of guardianship “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

16. B. Legal Terms • Custody and Access • Often referred to Parenting Time/Parenting Plan/Parenting Arrangement. • Two Basic Components: • Decision Making • Scheduling/Residential Arrangement/Parenting Time “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

17. 1. Decision Making • Parents who are guardians have joint decision-making authority, unless limited by agreement or Court Order • Means both guardians can make decisions affecting their children (e.g. education, health care) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

18. 2. Scheduling • Primary residence - child resides with one parent more than 60% of the time over the course of a year • Split residence – each parent has primary residence of 1 or more children • Shared residence – child has residence with each parent 40%-60% of the time over the course of a year “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

19. B. Legal Terms • “Sole” or “Joint” custody • These terms relate to decision making abilities of the parents and not the residential schedule “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

20. B. Legal Terms • Joint Custody (most likely) • Awarded when both parents are capable parents. • Day-to-day decisions generally made by the parent with whom the child is residing, but major decisions must always be made by both parents “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

21. B. Legal Terms • Sole Custody (rare) • One parent has full custody. • Child resides with one parent and this parent makes all of the decisions. • Parent without custody usually has some access to the child. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

22. B. Legal Terms • Access • Parent with “access” has the right to question and be given information regarding the welfare of the child (e.g. teachers, doctors, coaches) • Parent with “access” has the right to parenting time with the child • Access is the right of the child and not the parent. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

23. B. Legal Terms • Contact Order • Refers to contact between a child and a person who is not a guardian. • Must apply to the court for a contact order. Must also first ask permission (referred to as leave) to apply for this order. • Exception for grandparents where parents are separated or one parent is dead. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

24. C. Choosing Which Court • Court of Queen’s Bench • Divorce Act (married people only) • Family Law Act (unmarried and married) • Provincial Court • Family Law Act only (unmarried and married) If proceeding under Family Law Act, which Court is most appropriate for your situation? “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

25. D. “Best Interests” • Standard used by the Court in family law to make decisions that impact children • Parents should use this standard • Courts always make decisions based on what is in a child’s best interest “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

26. D. “Best Interests” • This includes considering what parenting arrangement will address: • maximum contact with both parents, • views of child (depending on how appropriate) • any family violence • plans prepared for care and upbringing, “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

27. D. “Best Interests” • Each parent’s ability to provide for physical, psychological, and emotional needs of child, • importance of keeping siblings together; and • any other important factors. • cultural, linguistics, religious, and spiritual upbringing, “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

28. E. Parenting Plans • Best interests of the child are always the focus. • No “entitlement” to 50/50 or to primary care. • Must consider all circumstances of child and parents and what will work from a practical point of view “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

29. E. Parenting Plans • No “one size fits all” approach • What is in child’s best interests may change as child gets older “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

30. E. Parenting Plans • Should address: • Decision making • Parenting time (including holidays and special occassions) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

31. E. Parenting Plans • May address: • Dispute resolution mechanism • Communicating child-related information to other parent • Future changes to parenting plan “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

32. F. Court Proceedings • If no agreement is possible, then the matter will proceed to court. • The judge can make an interim or final Parenting Order. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

33. F. Court Proceedings • Interim • Judge’s decision will only last until the next court date or hearing. • Final • Judge’s decision is indefinite (until future agreement or order changes it) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

34. F. Court Proceedings • Going to court is usually not in a child’s best interest • Use as last resort “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

35. F. Court Proceedings • Practice Note 7 – Intervention • Parenting expert will not provide opinion on what is in child’s best interests • Makes recommendations to Court for process that may assist family in addressing and resolving parenting issues “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

36. F. Court Proceedings • Practice Note 7 (cont.) • Evaluative intervention – provides information to assist Court • Therapeutic intervention – works toward resolution • Costs – generally paid by both parties (subsidies may be available) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

37. F. Court Proceedings • Practice Note 8 – Parenting Time Assessment • Where Practice Note 7 not successful (or would be ineffective) • Full assessment in which parenting expert makes recommendations on what is in a child’s best interests • Costs – generally paid by both parties (subsidies may be available) “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

38. F. Court Proceedings • Litigations, trials, and contested hearings are required in a very small number of cases. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

39. G. Other Related Topics • Mobility • Variation • Appeals “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

40. i. Mobility • Where one parent wishes to move with the child(ren). • No presumptions in favour or against a parent being able to move the child. • Determined by the best interests of the child. • Purpose and distance are important considerations. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

41. i. Mobility • Sometimes changes to parenting plan can make a move work. • Sometimes both parents decide to move. • If a move has already occurred, action should be taken quickly. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

42. ii. Variation • Possible to vary order if circumstances have changed since order or agreement. • Still have to look at best interests of child(ren). • No order related to children is ever “permanent”. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

43. iii. Appeals • 30 days to make an appeal after an order has been made. • Appeals of interim orders are usually considered unwise. • Limited chance of success after hearing has occurred. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

44. Reminder Please fill out the feedback forms. Your input is essential in helping us to improve future sessions. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics

45. Disclaimer The information presented during this session may have limited application to your particular situation.  The lawyers who are here this evening CAN provide legal information that may give you a greater understanding of how the law might apply to your own situation.  The lawyers who are here this evening CAN NOT provide you with individual legal advice. “Best Interests” Court Proceedings Child Focused Legal Terms Choosing Which Court Parenting Plans Other Topics