Hello, my name is Brian Galbraith and I’mthe owner of Galbraith Family Law. We’re a law firm of family law lawyers located inBarrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’sa myth out there that fathers never get custody of their children. This is based on the historicfact that, traditionally, mothers were primarily responsible for the care of children and fatherswere the bread winners. So it made sense, in those days, that thecourt would order custody to the mother since she was the one primarily looking after thechildren anyway. It was in the children’s best interested to be with their mother. Nowadays,both mothers and fathers usually participate
in the care giving and in earning the incomefor the family. As a result the Ontario courts are more inclined to order an equal time sharingregime for the children. If a father wants custody of his children,he needs to prove that it’s in the best interest of the children that he has custody. A strongargument would be that he was traditionally the one responsible or primarily responsiblefor the care, and that he can continue to provide the care that the children want anddeserve. Custody battles are often very nasty. They can take many months and even years toresolve and cost thousands of dollars in legal fees. The children often suffer when there’sa custody battle between their parents. As
a result we prefer to help our clients negotiatea settlement. One of the best processes to do that is calledcollaborative practice. That’s a process where the parties agree not to go to court and theywork with professionals to find a resolution to their petty issues and any other issuesthat they have to resolve related to the separation. It’s a very cost effective process and keepsthe power of decision making in the hands of the parents. Most importantly, it helpsprevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumpsup. And if you’d like to learn more information
or have one of our lawyers help you with yourcustody issues, please go to our website which is GalbraithFamilyLaw. You can book consultationswith one of our lawyers. We help clients with custody issues every day. We can help youtoo. Thank you.
A Guide to Children Law What happens to the Children during a Divorce or Separation
It’s a sad fact that on average 42 percent of marriages end up indivorce and the main victims are the children. Today we are going to discuss various scenarios covering the lawrelating to the children of the family, and with me today is Karis Wookey, asolicitor in Howells and a specialist in children law. Karis, we’re now going to run through a fewscenarios covering parental responsibility.
For my first example, a couple marries in2000. They have a 10yearold son and a6yearold daughter and twelve years later the partiesseparated. What is a typical arrangement for thechildren? Ideally, parents will come to anagreement at this point regarding where the children live and howmuch time the children spend with each parent. But what if they can’t agree with thesearrangements? There are circumstances where the mother would not agree
to arrangement whereby the children wouldspend equal time with both parents. Say, for example, if herchild benefits were reduced, if father formed a new relationship withanother partner, or she may just be unreasonable. So what can he do, if his ex partner decides to reduce contact with his children? The first port of call is to seek legal advice. Here at Howells, we offer a 30 minute freeconsultation with a specialist solicitor.
And there is no pressure to proceed after the initial interview? No, there’s no pressure whatsoever toproceed and of course will be no costs involved.In our case study, the father has parental responsibilityas he is married to the child’s mother so he would be responsible for lookingafter the child, providing a secure and stable homeenvironment, choosing educational needs andappropriate schools, choosing the child’s name and consentingto any change of name,
and agreeing to medical treatment. Theseare just a few examples of what having parental responsibilitymeans. What would the first step be for the father to reinstate the original agreement or to gain more access to his children? Firstly, we would need to write to the mother setting out his proposals and requesting the previous arrangementbe reinstated immediately. We would request theresponse from mother within 14 days and suggest that sheseeks independent
legal advice if she’s unsure about thecontents. So is the best case scenario that themother responds and reinstates the previousarrangement? Yes, but if this doesn’t occur or if she failsto respond then we would refer the matter tomediation. As of the 22nd April 2014 prior to making any application tocourt, a mediation intake assessment meeting known as MIAMS needs to have taken place. There are however some exemptions tothis, such as domestic violence.