Hello. At what age do children determine the custody and access arrangements? Hello, I’m Brian Galbraith. I’m the owner of Galbraith Family Law. We’re a law firm of divorce lawyers with offices in Barrie, Orillia, and Newmarket. There is no exact age when children can decide the custody and access arrangements. It’s ultimately up to the parents to decide. Failing an agreement, a judge will decide. Judges base their decision on the best interests of the children. What that means is they consider what schedule or arrangement will best foster the overall development of the child. There are many factors that they’ll take into consideration. One of the factors may be the wishes of the.
Children, depending on the age and maturity of the children. For example, older children will carry greater weight if they are still mature and of sound mind. Younger children, less weight. For example, a child who is 12 years old or older and expresses a wish one way or the other, their wishes will be a significant factor in deciding the schedule and the arrangements. It is important that you do not simply ask your child what he or she wants to do with regard to the residence schedule. That would put your child in the middle. It’s just not fair to your child. It can be psychologically harming to the child, and in fact, the judge will not look very favorably on you if you’re asking the child where they want to reside.
If the voice of the child is relevant, what we’ll do for you is we’ll help you find the right expert who can interview the child. These experts have particular techniques for interviewing children so as to not psychologically harm the child. If this tutorial’s been helpful, please share it or like it. If you’re ready to move forward in your marriage or separation, please give us a call. Just go to our website at GalbraithFamilyLaw . You can book a consultation with one of our lawyers in either Barrie, Orillia, or Newmarket. Thank you.
What is a Motion for Temporary Orders in a Utah Divorce Case
Hi everyone, my name is Trevor Osborn. I’m a Utah Attorney working at Red law. In a divorce or custody dispute, a party will usually file a motion for temporary orders right after they file their original petition for divorce or petition for custody. now a motion for temporary orders is a means by which one party says, quot;look, I know this case may go on for six months, or eight months, or 14 months,.
And so I want the court to resolve certain issues because we can’t wait for that whole six month, 10 month, or 14month period to resolve some of these issues.quot; So, for example, if there are children involved, then parties will want the court to decide temporary custody of those children. Are the parties going to be awarded joint physical custody of the children? Is one party going to be awarded primary physical custody? Now if.
Joint physical custody is going to be awardedif there’s any chance that joint physical custody is going to be awarded that means one of the parties must have filed a parenting plan before they go into this hearing on their motion for temporary orders. If there hasn’t been a parenting plan filed, then the court is not going to order joint physical custody. Parenttime is another issue that’s going to be addressed in a motion for temporary orders.
When are the parties going to see the children? On what days and what times? Child support is another issue that’s usually going to be addressed in a motion for temporary orders. That means that you’re probably going to need to know the income of the parties so you can do a calculation of what the child support amount is going to be. You can use the child support calculator on ORS to determine what that child support amount is going to be. Sometimes if you go into the temporary orders hearing.
And you don’t know what the income level of the parties is the Commissioner might ask you what the income of the parties is, and then tell you that you should use those amounts that have been represented to the court in calculating child support. It’s typical to put in a motion for temporary orders a Division of expenses for the children’s health insurance and any outofpocket expenses involved in the children’s health or dental care.
Division of property is a potentially big issue. When we’re dealing with division a property we’re dealing with the vehicles of the parties, the bank accounts of the parties, the marital home. Now sometimes parties have been separated for quite some time and they, on their own, have decided who’s gonna go their own separate ways with what and they’re happy with that currently. They may want to change down the road when the court enters its final order,.
But currently they may be very happy and they may not want to disrupt anything. Other times, though, they may, for example, only have one vehicle between the parties and one of the parties may want exclusive access to that vehicle so they can go to work, or they can take the children back and forth to school or to their extracurricular activities, and things of that nature. One party may request that the court enter a temporary order granting them.