children

If you are looking to have a significant voice in the important decisions surrounding your child after a separation (e.g. schooling, activities, religion, etc.), you may be looking for a determination of guardianship. You may be considered a guardian if you are the parent of a child and you have “demonstrated an intention to assume the responsibility of a guardian”. You may demonstrate an intention to assume responsibility by:

• being the birth mother;
• being married to the birth mother at the time when the child was born;
• being in an adult interdependent relationship with the birth mother at the time or birth, or became an adult interdependent partner with the birth mother after the birth;
• entering into an agreement to be a guardian;
• living with the birth mother for 12 months or more, during which time the child was born;
• voluntarily providing reasonable direct or indirect financial or other support (not by Court Order) for the child and/or birth mother during or after pregnancy.

This list is not exhaustive and a number of other circumstances can be considered.

When we look at parenting time, our goal is to work with parents to create a parenting plan that will reflect the unique needs and circumstances of the children and the family. This might mean the child ordinarily resides with one parent, and the other parent has parenting time. It can also mean that the child spends time equally with each parent. What works for one family, doesn’t always work for another. Let us help you develop a detailed parenting plan that works for everyone, but most importantly, your children. It is important to note that the amount of time that your child spends with you and with the other parent is a factor in determining child support. This is an important consideration with serious and lasting impacts.

Establishing who the biological father of your child is can have a lasting impact on your life and the life of your child.  It can help medical professionals identify possible health risks the child may have inherited. Your child may have an opportunity to learn about their family history and open a door to a world full of possibilities. Child support may also become payable. If either parent will not voluntarily agree to paternity testing, there is the option of obtaining a Court Order to compel it.

In some cases, the acrimony between parents is so strong that the voice of the child in the proceedings is overlooked as each side tries to “win” against the other. In every case, the child’s best interests should come first, and that may mean, considering the child’s thoughts, opinions, and beliefs.

Sometimes the best way for this to happen is to have counsel for the child appointed through the Court. By doing this, a lawyer can represent a child in the same way that their parents are represented.

Another option may be to have a “Voice of the Child Report” completed. This is where a parenting expert interviews each parent and the child to canvass the specific needs, or where appropriate, the wishes of the child. This Report is not intended to give recommendations, it is simply meant to convey information and observations to the Court.