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I’m wondering if I someone can please post the exact laws that evolve around children under 18 post separation and the legal rights both the children and parents/guardians have weather a child can choose to live with one parent or the other.
Mediation hasn’t happened yet. However separation agreement was done with parents signatures and lawyer. Nothing has been to court.
Dawn Nelson - Dawn L. Nelson, Barrister & Solicitor (Edmonton) Verified Lawyer
Hi Joe,
You will not find any law that says children under the age of 18 can choose where they live. That is not the law in Alberta and never has been.
If you are legally married to the other parent, then the applicable law is the Divorce Act of Canada. There are a few things that are mentioned there pertaining to parenting arrangements, largely addressing family violence, but the overarching principle is what is in the best interests of the child.
If you are not legally married to the other parent, then the applicable law is the Family Law Act of Alberta. Again, the guiding principle is the best interests of the child.
Children have the legal right to have a relationship with both parents and spend the maximum amount of time with each parent that is consistent with the best interests of the child.
Although you ought to consult a lawyer in a confidential setting to discuss what the best interests of your child/ren looks like, working with a psychologist or other parenting expert to develop a parenting plan is often better than asking a judge to make that decision for you.
Taking the mandatory Parenting After Separation Course is also very helpful as they have parenting plan examples and worksheets to assist in developing a plan that works best for your family.
If you feel that your child has a strong opinion on their living arrangements, you may want to consider investing in a Voice of the Child Report under the Court's Family Law Practice Note 7. This way, your child will have a voice (but not a choice) in the process. The Practice Notes can be found on the Alberta Courts website.
Again, contacting a lawyer to discuss your unique circumstances in confidence is likely your best option here.
02 days ago
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