Children’s Family Law Issues

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Resolving Children’s Family Law Issues

When parents end their relationship, they will still need to interact with each other as their children grow up. This means that separated couples need to clarify what their co-parenting relationship will be. This includes child support payments, custody and access decisions, and arranging parenting time between the parents.

At Henderson Heinrichs LLP, our family lawyers assist parents with finding a resolution that makes sense for their family. Based in Vancouver, British Columbia, our legal team will assist you in protecting the best interests of your children.

Over Two Decades of Experience Helping Parents Move Forward

As a parent, you have an obligation to provide for your child if you are able. Our legal team is dedicated to assisting you in determining the other party’s ability to provide financial support, and how to enforce these obligations. We leverage over 20 years of experience helping our clients reach resolutions on matters regarding:

Child support payments, including special or extraordinary expenses;
Changing or enforcing child support payments and child custody orders;
Resolving issues regarding child custody, guardianship and decision-making;
Determining an effective parenting plan;
Finding solutions for parental relocation issues; and,
Advocating for grandparents and third party interests.

Friendly, Professional Service Tailored to the Needs of Your Family

In order to provide our clients with meaningful solutions, we have to understand what matters most to them. We listen to your story, and help you separate the emotional frustration from the key legal issues in question. Our firm will provide you with a candid, and objective, perspective on how you can pursue your goals, and the outcomes you are likely to see.

Helping you understand how you can protect your interests allows you to make informed decisions, and gives you a better idea of time, costs, process and results.

Protect Your Legal Rights as a Parent

Contact our firm and learn more about your legal options as a parent following the breakdown of a relationship. Call Henderson Heinrichs LLP toll-free at 1-844-669-3500 to arrange a free, half-hour consultation using our online booking form.

FAQS

Do you have to pay child support if you weren’t married?
Child support is the right of the child and is payable regardless of whether the parents were married, common law, or were dating at the time the child was born.
Who gets custody of the children in a common law separation?
Parenting arrangements between common law partners is no different from married partners. “Custody,” now referred to as parenting time in British Columbia, is based on the best interests of the children, taking into consideration the child’s physical, psychological and emotional safety, security and well-being.

Some factors which determine what is in their best interests are:
- the child’s health and emotional well-being;
- the child’s views, unless it would be inappropriate to consider them;
- the nature and strength of the relationships between the child and significant persons in the child’s life;
- the history of the child’s care;
- the child’s need for stability, given the child’s age and stage of development;
- the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
- the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member;
- whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs;
- the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
- any civil or criminal proceeding relevant to the child’s safety, security or well-being.
What happens when unmarried parents split up?
Unmarried parents living in British Columbia will have their rights and obligations towards each other determined under the BC Family Law Act. Parenting arrangements are always determined based on what is in the best interests of the child/ren.
What happens to child support if you lose your job?
In most cases, losing your job will allow you to apply to vary your child support. The loss of income will need to be long lasting. Generally, if you are able to get new employment within 3 months of losing your last job, a court will not vary support for that short period of time.

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