Child Custody Lawyers in Surrey

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Child Custody Law in Surrey, BC

Child custody in British Columbia is primarily governed by the Family Law Act, which prioritizes the best interests of the child above all other considerations. This area of law encompasses various aspects that centre the well-being of the child. Two primary types of custody exist: sole parenting time and responsibilities, where one parent has all of the parenting time with the child and has sole responsibility for all decisions related to the child, and shared parenting time and responsibilities, where both parents share parenting time on an equal basis and share in decision-making responsibilities. It is also possible for parents to meet in the middle of the two primary types of custody and have unequal parenting time with the child and have different types of decision-making abilities. 

The time that a child spends with each parent is called “parenting time” or “access” depending on whether it is under the Family Law Act or Divorce Act. Spouses can come to an agreement regarding these decisions, or in the event they cannot agree, a court can make an order it considers to be in the best interests of the child.

When determining custody (parenting arrangements), several factors are considered, including the child’s relationships, parental abilities to meet their needs, the child’s preferences based on age and maturity, and any history of family violence or substance abuse affecting the child’s safety. It is often ideal for parents to agree on detailed parenting arrangements outlining custody, schedules, decision-making processes, and dispute resolution methods, either collaboratively, with mediation or legal support, or through court intervention if agreements cannot be reached.

Overall, child custody law in British Columbia aims to ensure that children’s well-being remains paramount in custody decisions, promoting meaningful relationships with both parents while prioritizing safety and stability. Working with a lawyer at Cote & Evans can help parents navigate these legal complexities and create arrangements that serve the best interests of their children.

Do You Need A Reliable, Proven Child Custody Lawyer?

Navigating child custody matters in British Columbia can be complex and emotionally challenging. A reliable family lawyer acts as your legal advocate, advisor, and ally, ensuring that you have the support and representation you need to address family law matters effectively and achieve the best possible outcomes for your situation. Whether proceeding to court or by mediation/negotiation, the lawyers at Cote & Evans are here to make the process as seamless as possible during and after family transitions.

FAQ's

In British Columbia, the best interest of the child is the paramount consideration under the Family Law Act. This principle guides decisions related to parenting arrangements, guardianship, and contact with a child. Courts prioritize the physical, emotional, and psychological well-being of the child when making these decisions. Factors such as the child’s safety, stability, and relationship with each parent are carefully evaluated. 

When parents separate or divorce, parents often have to deal with issues regarding living arrangements, parenting time and how parents will share parenting responsibilities. Sometimes parents can arrive at resolution to various family issues amicably and without the court’s involvements. The lawyers and Cote & Evans Trial Lawyers can assist in drafting a separation agreement that sets out parenting arrangements reached between parents.

Appealing a child custody decision in British Columbia involves a structured legal process and requires valid grounds for appeal. 

When appealing a child custody decision in British Columbia, several key factors come into play. Firstly, you must demonstrate that there was a legal error or significant mistake during the original court proceedings. This could range from errors in legal interpretation to procedural missteps or overlooked evidence. It’s crucial to note the time limit for filing an appeal, typically within 30 days of the order’s issuance or receipt of written reasons for the decision. It is vital that you seek legal advice about your time limit for filing an appeal. If you think you missed your deadline for appeal, please contact our team as we may still be able to assist you. 

The appeal process involves submitting the appropriate notice of appeal to the appropriate appellate court, accompanied by supporting documents detailing the grounds for appeal. The lawyers at Cote & Evans experience in appellate proceedings is essential, as we can prepare compelling legal arguments on your behalf, increasing the likelihood of a successful appeal. 

Appealing a child custody decision is a legal process that requires careful preparation, adherence to deadlines, and strong legal arguments. Consulting with our team at Cote & Evans can help you navigate this complex process and advocate effectively for your interests and the best interests of your child.

A child’s primary residence agreement (more commonly known as “parenting time arrangements”) refers to an arrangement that determines where the child primarily lives and spends the majority of their time. These agreements are typically part of a broader parenting plan or custody arrangement and are designed to promote stability and consistency for the child. For example, these agreements can also address decision-making responsibilities regarding the child’s education, healthcare, and extracurricular activities, considering the child’s best interests. 

Overall, primary residence agreements play a crucial role in determining the child’s living arrangements, parental responsibilities, and visitation schedules following separation or divorce. Parenting agreements aim to create a stable and nurturing environment for the child while promoting healthy relationships with both parents. Consulting with a lawyer at Cote & Evans can help parents create a comprehensive and legally sound primary residence agreement tailored to their unique circumstances and the child’s best interests.

Absolutely, a lawyer can still assist you even if your case involves family violence. Our team of lawyers at Cote & Evans are well-equipped to handle cases involving family violence (also known as domestic violence) and can provide essential support and guidance throughout the legal process. 

We can assist you in obtaining a protection order (restraining order) if you’re facing immediate danger or threats. This includes gathering evidence, completing necessary paperwork, and representing you in court proceedings related to the protection order.

Our lawyers will also provide legal advice and advocacy on matters such as child custody, parenting arrangements, and property division in the context of family violence. They’ll ensure that the court considers the impact of violence on your case and takes appropriate measures to protect you and your children, advocating strongly for your rights and interests throughout the legal process. This may include considerations for supervised visitation or restricted access for the abusive party.

It’s essential to seek legal assistance promptly if you are experiencing family violence. A knowledgeable and compassionate lawyer at Cote & Evans can provide the guidance and advocacy you need to navigate the legal system effectively. 

Do I need a lawyer with expertise in child custody?

All lawyers at Cote & Evans are well-practiced in family law matters, which means they are experienced at dealing with matters related to parenting time, parental responsibilities and all other matters involving children. Having an advocate with knowledge and experience to deal with these matters is vital when dealing with a legal matter concerning your child. Our team at Cote & Evans is here to help you with resolving your child custody disputes, including but not limited to negotiating and mediation and court representation to obtain, enforce or change court orders or agreements.

Our Surrey Child Custody Law Team

Phil Cote

Phil Cote

Partner

SHREYA BOSE

ASSOCIATE

ELIZABETH DUKE

ASSOCIATE

JESSICA MORNEAU

ASSOCIATE

PAUL SEKHON

ASSOCIATE

ANGELA BARNA

ASSOCIATE

JESSICA WOZNIAK

ASSOCIATE

BANEET HANS

ASSOCIATE

HEATHER MIDDLEMASS

ASSOCIATE

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