In recent laws all over our world, custody and access have been serious legal issues facing our communities. The Edmonton city, located in the Alberta province of Canada. The access problem has been the dominant over all divorce agreements leaving no space for tolerance most of the times, both of the parents want their children to be by their side and on the other hand some of them don’t want to take responsibility at all. If you are one of those who intend to divorce, then here are some legal procedures to take into consideration for a smoother divorce process:
1-The kinds of custody: Custody contains so many kinds such as sole custody, it means that the child lives with one of the parents with a specific periodic time of access for the second one (It isn’t considered the best choice as it expresses incompatibility and inability to make important decisions related to their children’s life). There is also shared custody, it’s a better choice that allows parents to share their ideas about the future of their kids putting aside their personal conflicts, It doesn’t mean to share time with both parents equally but having an appropriate agreement about that.
2-The right to access: No one can prevent another side from accessing his children (even according to any agreement), If a parent wants to see his child, he can apply a request of access to court under applicable laws of Edmonton city and the court will assign him a schedule of access, the right to access might contain the ability to follow up with child’s school reports, full presence in teacher –parents meetings and also medical decision that affects the child’s life.
3-Incompitability issue: Incase of having no agreement related to the right to custody and access, then the court has the right to make a custody and access order and takes its decision that provides children’s welfare, the court will keep in mind many facts like
Does any one of the parents suffers a chronic problem like drugs or alcohol?
Which one of the parents was responsible for the child most of the time?
What is their plan for the child’s future?
Is their new home near to the child’s school?
The court takes into consideration if one of them is involved in a new relationship, if one of them encourages the child to hate another parent, this would reduce his chances very badly. The court takes into consideration the place where would the child live and the child’s desires (only for children who are above 12 years old).
4-Selection criteria:The court won’t look to the gender, financial abilities or the parent that has responsibility for divorce. If the things are changed after giving access order (the parent that has custody has moved to a new city or travelling abroad), the court will consider the effect of such action on the child’s life to serve his good.
One of the good ideas to solve access problems is the mediator, he is a person trained to find solutions, discuss it calmly and make sure to apply these solutions.