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| Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce. |
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#1
02-14-2008, 07:06 PM
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child support & custody
I fianlly got my final divore papers and I'm free to remarry Feb 28....yeah like I want to go through that again any time soon!
Can I file for child support whithout applying for custody? I think he would fight the custody but not the support. I have kept records of his visitaion and have receipts for the little support he has paid. Nothing has still been done with the parenting plan that I sent him in Nov. He did look at it and said that it's something we need to do face to face....well it February how much longer do I wait? Could I get away with hiring a paralegal or should I get a lawyer? Any words of wisdom? Country Girl |
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#2
02-14-2008, 11:49 PM
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country girl,
Which parent is the child living now? See the relevent provincial statute: Quote:
lv |
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#3
02-15-2008, 01:18 AM
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Our son lives with me.
Is 20(4) saying that the ex can have visitation but not have our son for overnight until a we get the parenting plan figured out? Why can't they write a coles notes version of this stuff. 8-) Country girl |
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#4
02-15-2008, 07:41 AM
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country girl,
Both parents are equally entitled to the incidents of custody of the child. See section 20(1). However, when the parents separate, and the child lives with one parent but not the other; the other parents authority to act is suspended but not ended until an agreement or court order provides otherwise. The child's access survives which includes the right to visit and be visited unless the element of substantial harm*to the child is a factor. Generally, the child's access will be liberal which would include overnights weekends and sharing of holidays and so forth. Additionally, until a court orders otherwise, the law provides that both parents continue to have an equal entitlement to information bearing on the health, welfare and education of the child. A parent with defacto custody has no right to determine the incidents of access. * The element of substantial harm is defined in Young v. Young, [1993] 4 S.C.R. 3 http://scc.lexum.umontreal.ca/en/199...993rcs4-3.html lv Last edited by logicalvelocity; 02-15-2008 at 07:45 AM. |
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#5
02-15-2008, 09:44 AM
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Thanks lv.
To bring an action for child support do I file the General Applcation Form 8? Can I do this myself or hire someone? Other than the final divorce papers what else do I need to include? I just want to use the support chart for payments. At what point can FRO get involved? Country girl |
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