Child Custody and Parenting Family Law Series - Child Custody and Access Child Custody and Parenting In partnership with the Edmonton Public Library Updated November 2013 Edmonton Community Legal Centre (780) 702-1725

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

Contents Take a Child Focused Approach Legal Terms Family Law Series - Child Custody and Access Contents Take a Child Focused Approach Parenting After Separation Other Workshops Mediation Legal Terms Choosing Which Court “Best Interests” Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Contents Parenting Plans Court Proceedings Other Related Topics Family Law Series - Child Custody and Access Contents Parenting Plans Court Proceedings Other Related Topics Mobility Variation Appeals Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

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

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

B. Legal Terms Guardianship Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

B. Legal Terms Custody and Access Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access 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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

B. Legal Terms “Sole” or “Joint” custody Family Law Series - Child Custody and Access B. Legal Terms “Sole” or “Joint” custody These terms relate to decision making abilities of the parents and not the residential schedule Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

B. Legal Terms Joint Custody (most likely) Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

B. Legal Terms Sole Custody (rare) One parent has full custody. Family Law Series - Child Custody and Access 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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

B. Legal Terms Contact Order Family Law Series - Child Custody and Access 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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

C. Choosing Which Court Court of Queen’s Bench Provincial Court Family Law Series - Child Custody and Access 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? Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access 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, Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access 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, Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

E. Parenting Plans Best interests of the child are always the focus. Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

E. Parenting Plans No “one size fits all” approach Family Law Series - Child Custody and Access E. Parenting Plans No “one size fits all” approach What is in child’s best interests may change as child gets older Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

E. Parenting Plans Should address: Decision making Family Law Series - Child Custody and Access E. Parenting Plans Should address: Decision making Parenting time (including holidays and special occassions) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

E. Parenting Plans May address: Dispute resolution mechanism Family Law Series - Child Custody and Access E. Parenting Plans May address: Dispute resolution mechanism Communicating child-related information to other parent Future changes to parenting plan Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access 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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

F. Court Proceedings Interim Final Family Law Series - Child Custody and Access 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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

Family Law Series - Child Custody and Access F. Court Proceedings Going to court is usually not in a child’s best interest Use as last resort Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

F. Court Proceedings Practice Note 7 – Intervention Family Law Series - Child Custody and Access 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 Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

F. Court Proceedings Practice Note 7 (cont.) Family Law Series - Child Custody and Access 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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

F. Court Proceedings Practice Note 8 – Parenting Time Assessment Family Law Series - Child Custody and Access 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) Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

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

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

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics

Family Law Series - Child Custody and Access 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”. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

iii. Appeals 30 days to make an appeal after an order has been made. Family Law Series - Child Custody and Access 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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics Edmonton Community Legal Centre (780) 702-1725

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

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. Child Focused Legal Terms Choosing Which Court “Best Interests” Parenting Plans Court Proceedings Other Topics