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Best Interest of the Child in Alberta: Key Factors

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Published by:

Nontle Nagasawa

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Reviewed by:

Alistair Vigier

Last Modified: 2024-05-28

Are you looking into what the child’s best interest means in Alberta? The Supreme Court of Canada has articulated that the evaluation of the children’s best interests requires the courts to consider the relevant circumstances.

This includes the child’s needs and the ability of the parents to take care of them.

Physical, Psychological And Emotional Safety

It is important to remember that determining custody and access is not based on the parent’s rights or interests. It is about the parent’s ability to satisfy the children’s best interests.

The court will not consider issues relating to the parent’s relationship or the conduct of one parent toward the other parent.

This is unless the court is satisfied that the conduct is related to the parent’s ability to care for the child.

Other things the family judge might consider are:

  • the plan proposed by each person applying for custody of or access to the child for the child’s care and upbringing;
  • the permanence and stability of the family unit with which it is proposed that the child will live;
  • the ability of each person applying for custody of or access to the child to act as a parent and
  • any familial relationship between the child and each person who is a party to the application
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Best Interest Of The Child Alberta

One piece of the puzzle that also adds to the decision of the appropriate custody and access award is the maximum contact principle.

This principle promotes that any custody and access order should provide for maximum contact with both parents. Maximum contact is encouraged because it is typically beneficial to the child.

Further, the court will work to promote maximum contact with both parents unless it is inconsistent with the child’s best interests.

What are the best interests of the children? Understandably, people often ask how the courts determine custody and access.

The answer is that they will be determined based on what is in the child’s best interests. This seems fairly straightforward but can be challenging to apply.

The determination of custody and access will be based on the parties’ circumstances in their unique case.  You need to understand better how custody and access may be determined in your circumstances.

Children’s Law Reform Act

Speak to family law lawyers in Alberta to get help. We have experience assisting clients with custody and access issues and can provide you with your options.

The Calgary and Edmonton lawyers can help you answer what is in the children’s best interests.

In some provinces, the Children’s Law Reform Act applies. It states that the child’s best interests are considered.

The court will “consider the child’s needs and circumstances, including:

  • the love, affection and emotional ties between the child and each person, including a parent or grandparent entitled to or claiming custody of or access to the child. Other members of the child’s family who reside with the child and persons involved in the child’s care and upbringing;
  • the child’s views and preferences, if they can reasonably be ascertained;
  • the length of time the child has lived in a stable home environment;
  • the ability and willingness of each person applying for custody of the child to provide the child with guidance and education.

Custody And Access In Alberta

If you find yourself in the middle of a separation or a divorce, the first step most people take is to hire a good lawyer. A lawyer can provide you with advice about your legal rights.

Lawyers can help you protect yourself throughout the separation process. However, they are limited in the advice they can provide outside of the law.

Once you have found a good lawyer you trust, the next step is to seek other professionals who will help you through your separation.

Further, two professionals that all separating spouses should seek and retain are:

  1. A counsellor
  2. A financial advisor

A counsellor (or therapist, psychologist, etc.) is an important member to add to your professional team.

Lawyers acknowledge that going through a separation and divorce is emotionally exhausting.

The lawyers will certainly listen to your concerns and thoughts on the separation, as this will help us give you the best advice.

We do not have the same training as a counsellor to help you work through the emotional aspects of a separation or divorce.

We do not have the same tools or techniques that a counsellor will have to help you deal with the stress of separation.

Best Interest Of The Child Alberta

A counsellor can guide you through the emotional side of your separation or divorce. This will also put you in a position to make sound decisions in the legal process.

A counsellor will also greatly assist any children going through the separation process with their parents. Separation and divorce can be very difficult for children.

A counsellor can help them process their feelings and move through the process. Counsellors are great professionals to engage with during the divorce and separation process.

Second, a financial advisor is an important member to add to your professional team.

As lawyers, they do not have the same knowledge as financial advisors about investments, savings plans, or how to prepare for retirement.

Also, a financial advisor can advise you on how to best handle your finances now that you are separated.

Alberta Divorce Act

Most often, one spouse has been left in charge of the finances throughout the relationship. This leaves the other spouse in the dark about how to manage their money properly.

A financial advisor can step in to help that spouse ensure that their money is managed advantageously.  It doesn’t matter if you have always handled the finances or never touched the finances.

It is always good to connect just for a second opinion. To protect your finances, the financial advisor should be consulted during a separation.

Lawyers are limited to providing advice on the law and frequently recognize situations that would benefit the help of another professional.

We are always happy to give recommendations for counsellors and financial advisors to help you. Are you going through a separation or divorce?

Do you have questions about the best interests of the children?

If you need a lawyer to explain the best interest of the child Alberta, book a one-hour paid consultation with a law firm.

Calculate the amount of child support

Are you looking for legal advice on child support payments in Alberta? People often search for terms on Google such as “line 150” and “special expenses” without really understanding them.

When calculating the amount of child support, get it done by a lawyer in Alberta.

The federal child support guidelines can get complicated. It can be based on annual income, the basic child support amount, and how the children live their lifestyles before the divorce.

You must make calculations based on the number of children and the base amount.

The amount of support can also vary depending on the province and territory.

Best Interest Of The Child Alberta

It is important to document child support payments for two reasons.

If the other parent claims that you haven’t been paying child support or makes a claim for retroactive child support (back pay for missed child support).

The paper trail you created evidencing your payments will defend the other parent’s claim. Child support payments are not taxable.

You still need to claim all support payments on your taxes. A written record of the support you have paid can help ensure you capture all payments in your income tax returns.

Do you still have questions about documenting your child support payments or determining income for child support? Contact a law firm.

When do child Support Payments end?

The Divorce Act articulates that child support is payable for any “child of the marriage”.

A child of the marriage means a child of two spouses or former spouses under the age of majority (18). Also, someone who has not withdrawn from their parent’s charge or a child of the marriage who is over the age of majority (18).

Further, they cannot withdraw from their parent’s charge due to illness, disability, or other causes.

The Family Law Act restricts eligibility for child support to unmarried children who are under the age of majority or over the age of majority but are enrolled in full-time education and have not withdrawn from parental control.

Best Interest Of The Child and The Divorce Act

A parent may claim child support if any children of the marriage fall under the parameters articulated in the Divorce Act or the Family Law Act.

Once obtained, support will continue until the child is over the age of majority and can be independent.

Often, this occurs when the child turns 18, and child support will cease on the child’s 18th birthday.

The law presumes that after 18, the child can obtain gainful employment to support themselves.

However, sometimes child support will still be payable after a child turns 18 if the child is unable to withdraw from their parents’ care.

The most common reason a child is unable to withdraw from their parents’ care is that they are enrolled in post-secondary education.

If you need help with planning for the best interest of the child, contact an Alberta lawyer. They can also help with child support payments.

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