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Expert Child Custody Lawyer in Kelowna

BOUTIQUE KELOWNA FAMILY LAW FIRM

Parenting arrangements have two aspects and can be complex and litigious.

Our Kelowna child custody lawyer is here to make this process stress-free and guide you through it with confidence and clarity.

Essential Facts About Custody

The one aspect is “Parental Responsibilities,” which encompasses: 

  • Day-to-day care
  • Control and supervision
  • Religion and upbringing
  • Llegal and medical issues relating to the child, see Section 41 of the Family Law Act.

The other aspect, usually the more litigated area, is “Parenting Time.” Parenting time is when a guardian is with a child as “parenting time” see Section 42 of the Family Law Act. Only a “Guardian” can have parenting time. Guardianship is usually the first hurdle to clarify and is defined in Section 39 of the Family Law Act.

The presumption is that while a child’s parents live together and after they separate, each parent becomes a guardian without needing a court order. Where a parent has never lived with the child, an exception must apply for the party to be classified as a “guardian.”

Concerning parental responsibilities, where there is no order or agreement, each child’s guardian may exercise all parental responsibilities concerning the child in consultation with the other guardian unless there is a reason that consultation would be unreasonable or inappropriate in the circumstances. The parties may, by agreement, allocate parental responsibilities so that one or more guardians exercise them or provide that a particular guardian has final decision-making authority. The other guardian can apply under section 49 for the court’s direction on an issue affecting the child.

When dealing with parenting arrangements respecting children, a party can proceed via the Family Law Act or the Divorce Act. If proceeding via Provincial Court, you will use the Family Law Act. But if you are in the Supreme Court, you can proceed via the Divorce Act or the Family Law Act. It is essential to clarify which statute any order or agreement was made according to, as the same Act will be used when later varying the Order or Agreement.

Our child custody lawyer in Kelowna can help you navigate the process and ensure you understand your legal rights and options.

Why Choose Our Child Custody Lawyer in Kelowna

OUR APPROACH TO a RESOLUTION

1

COMMUNICATION & GOALS

Effective communication is the key to resolving any dispute. It starts at your initial meeting with our family lawyer as we discuss the reasons for contacting us, the nature of your dispute and your desired goals and outcomes.

2

PLANNING & STRATEGY

During the Planning & Strategy phase, Maio Law will review your case and discuss various options and methods of resolution to effectively accomplish your desired outcomes according to your budget and timeline.

3

EXECUTION & OUTCOMES

This phase is where the plan and strategy are put into action. During the execution phase, your plan and strategy will adapt to meet the changing environment to reach your desired outcome and goals.

Schedule a Consultation with Maio Law

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202-1441 Ellis Street, Kelowna, BC V1Y 2A3

Call: 888.586.3204

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