Best Child Custody Lawyers in Invermere

About Child Custody Law in Invermere, Canada

Child custody law in Invermere, British Columbia, is governed by both federal and provincial legislation. The main federal law is the Divorce Act, which applies mainly to married couples who are divorcing, while the Family Law Act of British Columbia applies to both married and unmarried parents. The core consideration in all custody matters is the best interests of the child. Custody arrangements determine how parents make important decisions about their child’s life and how much time the child spends with each parent.

Why You May Need a Lawyer

Navigating child custody can be emotionally challenging and legally complex. Here are common situations where seeking legal advice or representation is highly recommended:

• You and the other parent disagree on custody or parenting arrangements.
• There are concerns about your child’s safety or well-being.
• One parent wants to move away with the child (relocation cases).
• There are allegations of abuse, neglect, or family violence.
• You are being denied access to your child.
• Your current arrangement is no longer working and requires changes.
• Questions arise relating to child support along with custody.
• You are a grandparent or third party seeking guardianship rights.

A lawyer can help you understand your rights, explain your options, represent your interests in negotiations or court, and help ensure the best possible outcome for your child.

Local Laws Overview

Child custody matters in Invermere are determined primarily by the British Columbia Family Law Act and, in cases of divorce, the federal Divorce Act. Key aspects include:

• Best Interests of the Child: The guiding principle in all custody cases is the child’s physical, emotional, and psychological safety and well-being.
• Guardianship: In BC, the term "guardianship" is used, rather than "custody.” Most parents remain guardians after separation unless a court orders otherwise.
• Parental Responsibilities: Guardians are given responsibilities such as making decisions about the child’s education, health care, and religious upbringing.
• Parenting Time: Refers to when a child is in the care of a guardian. Parenting arrangements can be formalized through a court order or agreement.
• Parenting Arrangements: Detailed plans that outline how guardians will divide parenting time and responsibilities.
• Relocation: Special rules apply if a guardian wants to move with a child in a way that significantly affects the child’s relationship with the other guardian(s).
• Non-Guardian Parenting: Non-guardians (e.g., extended family) can apply for contact time, but the court will decide based on the child’s best interests.

Frequently Asked Questions

What is the difference between custody and guardianship in BC?

“Custody” is the older legal term used mainly in federal law. In BC, “guardianship” is used to describe who is responsible for the care and decision-making for a child.

What is parenting time?

Parenting time refers to the time a child spends in the care of a guardian. It is set out in a court order or agreement, and it may vary between parents.

How does the court decide on child custody or parenting arrangements?

The primary consideration is always the best interests of the child. The court looks at factors such as the child’s health, emotional well-being, relationships with each parent, and sometimes the child’s views.

Can grandparents or other relatives get custody or access?

Grandparents and other family members can apply to court for guardianship or contact; however, the court will only grant it if it is in the best interests of the child.

Do I need to go to court to get a custody order?

Not always. Parents can often agree on parenting arrangements outside of court using negotiation, mediation, or collaborative law, and then file their agreement with the court.

What happens if one parent wants to move away with the child?

This is called “relocation.” The parent proposing the move must notify the other guardians in writing. If there is disagreement, the court decides based on the impact on the child’s best interests.

Is the child’s opinion considered in custody cases?

Yes, the court may consider the child’s views and preferences, especially as the child gets older, but it is just one factor among many.

What if there are concerns about family violence?

The court takes family violence very seriously and will consider it when making any decisions about custody, parenting time, or arrangements to ensure the child’s safety.

Can custody arrangements be changed?

Yes. If there is a significant change in circumstances, either parent or guardian can apply to the court to vary existing orders or agreements.

Are parenting agreements legally binding?

Yes, once a parenting agreement is filed with the court, it becomes legally enforceable as a court order.

Additional Resources

If you need more information, assistance, or support, the following resources may be helpful:

• Legal Aid BC: Offers free legal information, advice, and representation for eligible individuals.
• Family Justice Centres: Provide free services on family law matters, including mediation and help with agreements.
• BC Ministry of Attorney General - Family Law: Information and guides on family law in BC.
• BC Courts (Provincial and Supreme): For applying for orders or finding court locations and forms.
• Local Law Firms and Lawyers: Many offer initial consultations and can help you navigate your specific situation.
• Invermere Public Library: May offer access to legal self-help materials and online legal information.

Next Steps

If you are facing a child custody issue in Invermere, consider the following steps to ensure you are protected and well-informed:

• Document your situation, including key dates, communications, and your child’s needs.
• Speak with the other parent if possible about reaching an agreement outside of court.
• Consult a family lawyer even if you believe your situation is straightforward.
• If eligible, contact Legal Aid BC for free or low-cost legal assistance.
• Visit a Family Justice Centre for free help with parenting agreements and mediation.
• Prepare any necessary documents before meeting with a lawyer or filing with the court.
• Seek emotional support for yourself and your child, as these cases can be stressful.

Taking early and informed action can help you protect your rights and, most importantly, the well-being of your child. If in doubt, reach out to a qualified family law professional in Invermere for guidance.