Best Child Visitation Lawyers in Coquitlam

About Child Visitation Law in Coquitlam, Canada

Child visitation, also referred to as parenting time or access, is the legal right of a parent or other significant person to spend time with a child following parental separation or divorce. In Coquitlam, which falls under British Columbia’s legal jurisdiction, child visitation laws aim to put the child's best interests first, promoting ongoing and meaningful relationships with both parents whenever possible. These matters are governed mainly by the Family Law Act of British Columbia and can also involve the federal Divorce Act if the parents were married and are divorcing. Visitation rights may be established through agreement or determined by a court order, and are designed to support a child's emotional, physical, and psychological wellbeing.

Why You May Need a Lawyer

Many people considering child visitation issues in Coquitlam feel overwhelmed by complex legal procedures and emotional challenges. Legal advice is often essential in cases such as:

• Parents disputing visitation times, dates, or conditions
• Cases involving allegations of family violence or child safety concerns
• One parent wanting to relocate with the child and the other parent opposing the move
• Concerns about substance abuse or neglect impacting visitation
• Difficulties in enforcing existing visitation orders
• Situations where grandparents or other relatives seek visitation rights
• Requests to vary or update existing agreements or court orders due to changes in circumstances

A lawyer can help you understand your rights, negotiate terms, draft or review agreements, and represent you in court if necessary.

Local Laws Overview

In Coquitlam, child visitation arrangements are primarily dictated by British Columbia’s Family Law Act. The law emphasizes that any decision about parenting time or contact (visitation) must be centered on the child's best interests. Key aspects include:

• Best Interests of the Child: Decisions must prioritize the child's safety, security, and overall well-being.
• Parenting Arrangements: Parenting time refers to time a parent spends with the child if the parent has guardianship. Contact refers to time a non-guardian, such as a grandparent, spends with the child.
• Agreements vs. Court Orders: Parents can reach agreements on visitation, but if there is a disagreement, a court may make an order.
• Enforcement: Failing to follow a court order may result in legal consequences. The courts have various tools for enforcing visitation orders.
• Modifications: If circumstances change, such as a parent moving or changes in the child’s needs, visitation terms can be reviewed and updated through court.
• Dispute Resolution: Before going to court, mediation and other dispute resolution processes are encouraged.

Federal law, such as the Divorce Act, also applies to married parents, echoing many of the same principles but with some additional requirements.

Frequently Asked Questions

What is the difference between parenting time and visitation?

Parenting time usually refers to time a parent with guardianship spends with their child, while visitation or contact may be granted to a parent without guardianship or another significant person, such as grandparents.

How is child visitation decided in Coquitlam?

Visitation is decided based on the child's best interests, considering factors like their relationship with each parent, their wishes (if appropriate), and each parent’s ability to care for the child. Parents can agree on a schedule, or a court may decide if they cannot agree.

Do I have to go to court to get a child visitation schedule?

No, many parents agree on visitation through negotiation or mediation. However, if an agreement cannot be reached, the court can establish a legally binding schedule.

Can grandparents or other relatives get visitation rights?

Yes, significant people in the child’s life, such as grandparents, may apply for contact under the Family Law Act if it is in the best interests of the child.

What if my ex is not following the visitation order?

If the other parent is not respecting a visitation order, you can seek enforcement through the courts. The court may order make-up time, fines, or other remedies to ensure compliance.

Can visitation be supervised?

Yes, if there are concerns about a child's safety or wellbeing, the court can order supervised visitation, meaning visits occur in the presence of a neutral third party.

How can I change an existing visitation order?

To change a visitation order, you must show a significant change in circumstances. You can apply to the court for a modification and will need to demonstrate that the change is in the child's best interests.

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

A parent who wants to relocate with the child must provide written notice and may need court approval if the other parent does not consent. The court will consider the move's impact on the child and the relationship with the other parent.

How is visitation determined if there are allegations of family violence?

Allegations of family violence are taken very seriously. The court will prioritize the child’s safety, and may order supervised visitation or restrict access if there is a risk to the child's wellbeing.

What if the child does not want to visit a parent?

The child's wishes may be considered, particularly as they get older, but the court will ultimately decide based on the child's best interests after weighing all relevant factors.

Additional Resources

Those seeking information or assistance with child visitation issues in Coquitlam can turn to the following resources:

• Family Justice Services Centres: Provide free information, mediation, and support services related to child visitation and family law issues.
• Legal Aid BC: Offers legal information, resources, and free or low-cost legal advice to eligible individuals.
• Parenting After Separation Program: A free course for parents and guardians navigating separation and child visitation issues.
• People’s Law School: Publishes accessible guides and information on family law topics including visitation.
• Coquitlam Provincial Court: The local courthouse where most family law matters are handled for the region.
• Law Society of British Columbia Lawyer Referral Service: Connects individuals with local lawyers for a confidential consultation at a reduced rate.

Next Steps

If you are facing a child visitation issue in Coquitlam, consider taking the following steps:

1. Gather documentation related to your case, such as past agreements, court orders, and written communication with the other party.
2. List your questions and goals for visitation to ensure your concerns are addressed.
3. Contact a family lawyer or use a lawyer referral service to consult with a legal professional familiar with child visitation cases in Coquitlam.
4. Explore mediation and dispute resolution services for a less adversarial approach where appropriate.
5. If your situation involves immediate safety concerns for your child, contact law enforcement or child protection authorities promptly.
6. Follow up with relevant government agencies or support services for additional help and guidance.

Seeking legal advice early can help protect your rights and contribute to a fair, child-focused outcome for your visitation concerns.