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/ Parenting
Parenting Arrangments
Going through a divorce can be very difficult for the involved parties. In addition, things typically get even more difficult when a child or children are involved.
Parents want to stay involved in their children’s lives and they want to be involved in the important decisions regarding their children’s lives. As a result, reaching a compromise is not always easy.
At Galbraith Family Law, we understand the difficulty of the situation. Our owner, Brian Galbraith, went through a divorce in which three children were involved so he knows first-hand what it is like to be in your shoes.
We understand how overwhelming the entire child custody (also known as parenting time) process can be. That is why we want to use our decades of experience and our knowledge of child custody law & parenting orders to help you get the best outcome for you and your children.
What do you need to know about child custody matters & parenting orders?
There are two main decisions that will impact your parenting: how decisions will be made and how much time the children will spend with each of you.
These can be complex issues to resolve. The court makes the decision based on the best interests of the children. This can vary from judge to judge because it is a subjective assessment. Most cases are negotiated instead of letting a judge decide. Parents generally want to maintain the power to make the decisions impacting their children.
Nonetheless, sometimes you have to protect your rights by taking your case to court. We won’t hesitate to commence a court action if it is necessary in your case.
Ultimately, you need to decide how much time the children will spend with each parent on a regular basis and how holidays or special events will be shared. Regarding decision making, some parents share this role. Others divide up decision-making or one parent makes all the major decisions. It all depends on your circumstances as to which process is best.
We can help sort this out with you.
At galbraith family law, we are experts in all matters related to parenting arrangements:
Who has the right to parenting time or care of a child in a divorce?
Basically, until there is a written agreement or court order in place, both parents have equal custody rights.
It’s important, if you feel your parenting time (previously known as child custody) may be contested, to get a legal agreement or order as soon as possible. We can simplify and assist you so that you get an agreement or court order as fast as possible.
Under the law, neither parent gets preference and the best interests of the child guide decisions. To determine the best environment for the child, the court may consider testimony from witnesses like child psychologists, family members, teachers, and child custody evaluators.
In child custody or parenting order cases, children aren’t usually asked to provide testimony except in extreme cases, and many parents find it beneficial to shield them from this process.
Does my parenting arrangement have to be resolved in court?
At Galbraith Family Law, we realize the added stress and turmoil that court proceedings can add to a divorce and we will work hard to come to an agreement with the other party without going to trial.
Our experienced lawyers will help you through the process of negotiating a parenting time agreement from beginning to end. This process, with our involvement, often produces more mutually beneficial arrangements that better suit everyone’s individual needs and protect the children from the conflict. It also allows you to settle your family issues privately rather than in a public court.
Of course, in some instances this is just not possible. If it comes to going to family court, then rest assured we are experts at advocating to the court that you, our client, can protect and ensure the best interests and welfare of your child.
What factors are important in determining parenting arrangements?
You can expect the court to look at many different factors, such as:
You should seek independent legal advice before signing to ensure your rights are protected.
My separation and subsequent divorce was not a long, drawn-out process.
In fact, it was incredibly quick with the results that I wanted. Brian made me feel at ease, had me understand the steps it took to agree to terms of a separation, and he was by my side through it all. The benefit of a quick divorce was that costs are minimized and the hurt caused by both sides is mitigated.
Chris Hauschild
Questions?
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At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
