FAMILY CUSTODY DISPUTE

Family custody dispute

Family custody dispute

Family custody dispute

This is a victory for children who are being subjected to this unethical treatment. This has been a period of similar and immense social change in almost all countries. As far as Canada is concerned; many changes can be seen with new attitudes and patterns of family living emerging (Green, 2004). There have also been revolutionary and broadly similar legal developments, with the introduction of no-fault divorce, support and custody laws which take limited or no account of fault and are theoretically gender neutral, and property laws which increasingly recognize domestic contributions. It has also experienced increased federal involvement in family law, especially in regard to the enforcement of custody and support rights, increased constitutional protection for children rights, and a gradual merging of civilian and common law approaches to family law (Ricca, 2006).

Child Custody Law

Child Custody is the Canadian court's determination to determine the legal and physical custody of a high school student. It may be granted to natural parents and to other parties such as grandparents.

During a marriage, all custodial rights are exercised by both parents. These include decision making power over all aspects of upbringing, religion, and education; as long as the parental decisions and conduct stay clear of the neglect, abuse, and dependency laws. Upon divorce, that power traditionally went solely to one parent who obtained custody (Green, 2004). Traditionally, the Visitation Rights given to the no custodial parent constituted little more than a possessor interest. This made the custody decision upon divorce a significant one: the relationship between the non custodial parent and her or his children would change, as the parent would lose the ability to shape decisions affecting the children (Yodanis, 2005).

Children - Custody & Access

Child custody not only involves the physical custody and control of your child, but the parental rights, privileges, duties and powers connected to child rearing. Most people probably associate child custody with divorce actions, but child custody issues are also common in actions involving paternity, guardianship, termination of parental rights, and juvenile delinquency. The "best interests of the child" is the universal standard used in determining child custody issues. How child custody issues are treated by the Canadian courts reflects changes in the decisions issued by the Canadian court, states statutes, society and psychological research findings (McIntosh, 2003).

When parents separate, arrangements must be made to deal with custody of the children. The legal test to determine who shall have custody is what is best for the child. The approach the legal system takes is a child centered one. The parent having custody makes all of the major decisions affecting the child and the child's principal residence is usually with that parent. The non-custodial parent usually has visitation rights known as access. Depending on the case the parents can also have joint custody where the parents jointly make all major decisions. The child(ren) may also reside with each parent on a rotating basis. There are additional cusody and access problems when ...