Home Contact Sitemap login Checkout
Ajay Devgun Barrister and Solicitor
  • Home
  • Our Team
  • Family Law
    • Family Law
    • Collaborative Family Divorce
    • Independent Legal Advice
    • Family Mediation
    • Divorce
      • Divorce
      • Uncontested Divorce
      • Parenting and Custody
      • Child Support
      • Spousal Support
      • Family Property
    • Separation Agreements
    • Prenuptial & Cohabitation
  • Real Estate
  • Wills & Estates
  • Blog
  • Contact
Print This Page

Busting child custody myths


Everyone in the community all of sudden become a family law expert once they see anyone going through divorce. Sussi the neighbour, David the family friend, Nick the divorced cousin, everyone has a story to tell, usually, the stories you hear aren’t actually correct and mostly they wouldn’t even apply to your divorce situation. I urge people not to get information from those sources.

I am taking this opportunity to share the top five myths when it comes to child custody in Family or Divorce Matter.


1 “The Courts will always favour the mother”.

Not true. There is no legal presumption that a child must or should live with the Mother over the Father. Rather, the courts will always look at what is in the child’s best interest.


2 “A Parenting Plan is enforceable”

Not true. A parenting plan between two parents is not a legally enforceable but a Family Court Order is enforceable.



3  “I don’t need the other parents’ consent to move interstate permanently with my child.”

Untrue. If you wish to relocate, you need to speak to the child’s other parent and receive permission.



4 “Our child gets to decide who they want to live with when they turn 12”

Untrue. There is no law that says once a child turns 12 they get to decide their parenting arrangements. Children have a say but it is different from a choice.
 


5 “There is nothing I can do about my ex-partner bad mouthing about me in front of the children.”

Untrue. You are able to obtain an Order that prevent a person from denigrating or insulting you in the hearing and or presence of the children.
 


~Ajay Devgun
Family and Divorce Lawyer






We are here to help you.


1.780.250.1486

adevgun@devgunlaw.com



Family Lawyer Services

Collaborative Family Divorce

Independent Legal Advice

Family Mediation

Parenting and Custody

Separation Agreements

Prenuptial & Cohabitation

Wills & Estates


Office Location

Office: 1.780.250.1486

Direct Line: 1.780.246.1486

Fax: 1.587.524.2145

adevgun@devgunlaw.com


#602 5241 Calgary Trail NW
Edmonton AB T6H 5G8

Centre 104

Map Link

Cities We Serve

Edmonton, Sherwood Park, Leduc, Nisku, St. Albert, Stony Plain, Spruce Grove, Gibbons, Redwater, Fort Saskatchewan


© Devgun Law. All Rights Reserved. Designed by Mediashaker. Built on ShoutCMS.