4 Reasons Why You May Require A Motion For A Change In Child Custody

The child custody agreement reached during your divorce proceeding should never be considered final. Initially, the order outlines how custody will work – who will be the custodial parent, how decisions are made, and so on. However, the circumstances of the divorced parents can and do change.

               

Modifications to the original child custody order can be requested by either parent until the child is no longer considered a minor. In general, this is normally once they reach their eighteenth birthday. However, there can be special circumstances where child custody orders will remain in effect past this time (meaning past the age of 18).

Some of the more common reasons one parent could request a motion for a child custody modification could include:

#1: The child’s welfare and well-being are in question.

Family courts will always place the best interest of the child ahead of the parents’ wishes. If one parent believes and has supporting evidence that shows the endangerment of the child they can request a modification to child custody if one or more of the situations exists.

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When Mediation Is Right For Me, What Are Some Benefits Of Using It?

Mediation during a divorce proceeding can be very beneficial for couples who are amicable, or at least willing to negotiate on various issues to finalize their divorce. Mediation is a process where a non-biased, third-party (known as the mediator) helps the couple reach decisions they both agree upon. The mediator does not decide for the parties but helps them make their own decision. Once mediation is completed, the legally binding agreements are presented to the Court.

Mediation can offer various benefits for both parties. Some of these advantages are:

#1: Reduces Time – With mediation, you can avoid lengthy litigation in court and shorten the process to get to a final resolution.

#2: Alleviates Stress – Divorce can be a stressful process with a lot of unknowns. By using mediation, you can eliminate most of the unknowns since you would be in charge of your matter along with the help of the mediator and possibly, counsel if you choose to go ahead with lawyer-assisted mediation. A Judge is not involved.

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Can Child Visitation Be Withheld If My Ex Isn’t Paying Child Support?

One of the biggest misconceptions divorced couples have is that they can withhold access to the minor children if the non-custodial parent is not paying child support. In Ontario, as well as throughout Canada, child access and child support are separate legal matters.

People mistakenly assume just because one parent is breaking their agreement, the other can do the same. Yet, both parents can get into serious trouble with the Courts and FRO (Family Responsibility Office) when they fail to meet their child support obligations and refuse access to their minor children.

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What Will Happen To My Children If I File For Divorce?

A separation and divorce can be rather stressful on its own and even more so when there are minor children involved in the process. While you and your spouse will be separating and getting divorced, it will mean changes to the family dynamic and a new structure for your children. There are several things you and your spouse can do to ensure the transition is less stressful on your children.

Is It Legally Required To Get Divorced If Spouses Separate?

If there is a breakdown in the marriage where the spouses decide to separate, they are not legally required to file for divorce. In some situations, the couple may want to forego the legality of an actual divorce proceeding during a “trial separation.”

This type of situation often occurs where the couple cannot remain together in the marital home under current living conditions. However, they may decide they want to try to work things out but need time away from each other in order to repair the problems in their marriage.

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Five Tips For Planning A Vacation Holiday With Your Children Post-Divorce

When you want to take your children on a vacation holiday, it is important to remember to communicate your intentions with your ex-spouse. Whether you are the custodial or non-custodial parent does not matter. The other parent will want to know where his/her children are and how the vacation could affect regular access time.

                                       

• Provide your ex-spouse with a vacation proposal.

The first thing you should do is create a vacation travel proposal give a copy to your ex-spouse for their review. If you vacation will interfere with regular access, you should include how this will be offset if your ex-spouse wants to make sure they do not lose time with the children. There may be a requirement in an agreement or order that you give so many days’ notice to the other parent of your vacation plans.

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