Child custody addressed in the Divorce Act of Canada




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When you get a divorce, there are plenty of topics to become upset about — from alimony to property distribution. It seems like the main issues that come up are child support and custody. In Alberta, there is an overriding law that undertakes to make it simpler than ever before to see what custody arrangements need to be made. This is called the Divorce Act of Canada and is something that is worth your while to look over. One of the sections tells you what the custody order will look like.

The court of competent jurisdiction, or the place that you live or the child lives, can, by your or your spouse’s request, or even the request of any person, make an order that is the way in which people can legally spend time with your children or have full custody of these kids. Surprising? It shouldn’t be. You definitely need someone in your corner who knows how to fight this if you have custody of your children or want custody of the children involved in a divorce.

As a matter of fact, the Divorce Act of Canada says that the authorities can make an interim order respective of the custody of your children that can change later. There is a section, though, that says that any person who is not a spouse in the divorce can be prevented from making a new custody arrangement without the court’s intervention. You would be amazed at how many parents are so afraid of the law that they will allow their children to live with someone else in order to avoid investigation.

Can you begin to see that there is so much more to getting a divorce in Alberta than you first thought? Calling in a legal professional can make a difference that you may not have thought about before.

Source: Divorce Act of Canada, “Custody orders,” accessed Nov. 30, 2015


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