Fast Facts on Child Custody, Parenting and Access
Home | Family Law | Divorce | Child Custody
#1: Child Custody and Parenting are effectively the same thing. Custody is a term under the Divorce Act of Canada. Parenting is a term from the Family Law Act.
#2: "Parenting time" addresses not only which parent is with the child, but also the time period when they are together.
#3: The term "Custody" often only addresses who has decision making power regarding the child.
#4: The decision on who should be the custodial parent is made by The Courts, based on past de facto custody ("status quo"), parental suitability and parental circumstances.
#5: If both parents are equally suited to be custodial parents, the Courts may award "shared" custody between both parents.
#6: Failing to hire a lawyer to represent your interests creates a status quo that will make your position less favorable in the eyes of the Court.
#7: Parents almost always get access as this is almost always in the best interest of the child. The only way to restrict access is by proving the visit would truly put a child in physical danger.
The Family Law Firm - in the media
Listen to two radio segments from The Ryan Jespersen Show on 630 CHED, originally recorded on September 12, 2016. Edmonton family lawyer Jennifer Galarneau, co-founder of The Family Law Firm, participated in an on-air discussion regarding divorce, separation and whether the family law system fails Fathers.
Part 1
Part 2
On December 20, 2016, Co-founder Jennifer Galarneau participated in an on-air discussion regarding child custody challenges during the holidays. Listen to the radio segment from The Ryan Jespersen Show on 630 CHED.
You have questions about Alberta law. We have answers.
Q: What constitutes Family Violence?
The Protection Against Family Violence Act states that Family Violence includes:
- any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member,
- any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,
- forced confinement, (sexual abuse, and stalking).
