Best Child Custody Lawyers in Surrey

About Child Custody Law in Surrey, Canada

Child Custody law in Surrey, Canada pertains to the legal rights and responsibilities of parents in making decisions regarding their child's upbringing and well-being. It also involves determining where the child will reside and how much time each parent will spend with the child. The primary consideration in all child custody matters is the best interests of the child.

Why You May Need a Lawyer

You may need a lawyer for child custody matters if you are going through a divorce or separation and are unable to reach an agreement with the other parent. A lawyer can help you navigate the legal process, protect your rights, and advocate for your child's best interests. They can also provide guidance on complex issues such as parental alienation, domestic violence, or relocation.

Local Laws Overview

In Surrey, Canada, child custody matters are governed by the federal Divorce Act and the provincial Family Law Act. The courts consider factors such as the child's physical, emotional, and psychological needs, the parents' ability to care for the child, and the child's relationship with each parent. The courts may award sole custody, joint custody, or shared custody based on what is in the child's best interests.

Frequently Asked Questions

1. Can I change my child custody agreement?

Yes, you can seek to change your child custody agreement if there has been a significant change in circumstances since the agreement was made. Examples of significant changes include a parent's relocation, a change in the child's needs, or concerns about the child's safety.

2. How does the court decide who gets custody of the child?

The court considers multiple factors when determining custody, including the child's best interests, the child's relationship with each parent, the parents' ability to care for the child, and any history of abuse or neglect.

3. What is the difference between legal custody and physical custody?

Legal custody refers to the right to make important decisions about the child's upbringing, such as education, healthcare, and religion. Physical custody refers to where the child will live on a day-to-day basis.

4. Can grandparents get custody of a child?

Under certain circumstances, grandparents may be able to obtain custody of a child if it is in the child's best interests. However, the court will prioritize the child's relationship with their parents whenever possible.

5. How can I enforce a child custody order?

If the other parent is not complying with the custody order, you may need to seek enforcement through the court. This could involve filing a contempt motion or seeking a modification of the existing order.

6. Can I move out of Surrey with my child if I have custody?

If you have sole custody, you may be able to move with your child, but you must notify the other parent and obtain their consent or a court order allowing the move. If you have joint custody, you will need the other parent's consent or a court order to relocate.

7. What rights do fathers have in child custody cases?

Fathers have the same legal rights as mothers in child custody cases. The courts will consider the best interests of the child when making custody decisions, regardless of the parent's gender.

8. How can I protect my child from parental alienation?

If you suspect that the other parent is engaging in parental alienation, you should document the behavior, consult with a lawyer, and seek a court order to address the issue. Parental alienation can have serious consequences for a child's emotional well-being and should be addressed promptly.

9. What is a parenting plan?

A parenting plan is a detailed agreement between parents that outlines how they will co-parent and make decisions regarding their child's upbringing. It typically includes schedules for when the child will be with each parent, how major decisions will be made, and how conflicts will be resolved.

10. How can mediation help in child custody cases?

Mediation can be a helpful alternative to litigation in child custody cases. A trained mediator can help parents communicate effectively, explore solutions, and reach agreements outside of court. Mediation can be less adversarial, less costly, and preserve the co-parenting relationship.

Additional Resources

If you need legal advice or assistance with child custody matters in Surrey, Canada, you can reach out to the following resources:

- Legal Aid BC

- Family Justice Centre

- Surrey Family Law Resource Centre

- BC Ministry of Attorney General

Next Steps

If you are facing child custody issues in Surrey, Canada, it is recommended to consult with a family law lawyer who specializes in child custody matters. They can provide you with personalized legal advice, represent you in court if necessary, and help you navigate the complexities of the legal system to ensure the best interests of your child are protected.