It is great if you are able to work amicably and reach an agreement. However, before signing any form of agreement, it is highly recommended that you contact one of Nirwan Law Corporationsexperienced Family Law lawyers in order to obtain independent legal advice before signing the agreement.
What factors do the courts consider when they determine custody?
A parent is responsible for making decisions for the child(ren) until the child(ren) turn 19 years of age. If you cannot come to an agreement regarding custody of the child(ren) and end up in court, then a judge may want to hear the child(ren)s view.
‘Custody’ is a term used under the Divorce Act in BC. Under the Divorce Act, having custody means the child(ren) live(s) with you at least some of the time and you have rights and responsibilities to make decisions about the child(ren).
Sole custody is when one parent has the legal responsibility for caring for and making all of the parental decisions about the child(ren) and the child(ren) live with that same parent for more than 60% of the time.
Joint custody is when both parents share the rights and responsibilities for caring for the child(ren).
Shared custody is a form of joint custody and means that each parent is responsible for the child(ren) at least 40% of the time.
If you and your common law partner or spouse cannot agree on who will get custody of the child(ren), then you will need to make an application in court to have the presiding Judge grant a custody order. Custody applications are difficult and generally contentious, it is highly recommended that you contact Nirwan Law Corp. to obtain legal advice before proceeding with the custody application.
When parents are unable to agree on how they are going to raise their child(ren) after separation, then a Judge or arbitrator decides which parent will have custody. In our view, an agreement regarding custody of the child(ren) is always in the best interests of the child(ren) because a Judge or Arbitrator does not get to spend as much time with the child(ren) and will base their decision on the law and not based on how the parents are feeling. A Judge or Arbitrator will consider what is in the best interests of the child(ren) when making a decision about custody of the child(ren). In order to assess the best interest of the child(ren), a Judge or Arbitrator may analyze the relationship of the parent with the child, the child’s views, the child’s past history and living conditions, the stability of the child, and the financial circumstances of those claiming custody of the child(ren).
Nirwan Law Corporation remains fully operational during the COVID-19 health emergency. Our commitment to providing excellent client service is still a priority. While you may be used to coming in to our office to drop off your information and to meet with us in person, we are recommending the following alternatives: phone calls or video conferences may be scheduled in lieu of face-to-face meetings, and your personal information can be emailed to us at your convenience.