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Saturday 22 September 2018
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The Best Decisions with the Children

The Best Decisions with the Children

Some of your emotional decisions made during a marital breakdown can have unfortunate consequences for you and the children during a divorce or separation. Preventatively, it is important to consult a family law lawyer before making these decisions to assess the impact on you and the children.

  1. Leave the family home with the children

During the break-up, the children need to secure themselves by certain anchoring points with their living environment: their house, their room, the proximity of their friends and their usual leisure. That is why, when the cohabitation between spouse is no longer possible, the Civil Code of Quebec allows the Court to order one of the parents to leave the family residence to allow the other to live there alone with the children. This type of order is possible if you are married or a common-law partner and even if the signatory of the lease is your spouse or if he is the sole owner of your condo or house.

When cohabitation with your spouse becomes impossible, it is important to consider this possibility of asking the court to order your spouse to let you live in the home at least temporarily. If you look for the “child support attorney near me” then you will be able to have the best deal now.

  1. Give up the children to the ex-spouse while waiting

The courts may presume that you left the children to your former spouse because it was best for the children. Moreover, courts often tend to favor the stability of custody and for this reason will be reluctant to change a state of affairs that children do not seem to suffer. For this reason, it is important at the time of termination, without delay, to carefully consider custody issues to negotiate an agreement in the best interests of the children, or if necessary to go to court to settle the dispute.

  1. Make a verbal agreement on child custody and access

With a written agreement setting out the custody rights and clear guidelines for the discharge or access of the other parent, it will be easier to assert your rights. If the other party does not respect his word, you can file the written agreement with the court, request that a judge ratify it and force your former spouse to respect it.

Having a written and signed agreement can greatly simplify the evidence you will have to make in court to enforce your custody or release rights with the child.

  1. Act as if the child care agreement were poured into the concrete

Separation agreements must evolve according to the needs of the children. Changing relationships with each parent, new child-guidance needs, a parent’s new availability, or a move are just some of the important changes that may be a good reason to talk to a parent.

It should be noted that the day-to-day decisions for the child during a normal day such as bedtime, dress, food, outings and activities are the sole responsibility of the parent caring for the child.