The dissolution of a marriage is always difficult, but it can be especially hard on children. That’s why the law provides specific protections for children in the event of a divorce. In this blog post, we will discuss why the law protects children in divorce and what those protections are. We will also provide five tips for co-parenting after divorce in BC, Canada. Keep reading to learn more!
Why the law protects children in divorce
When a marriage ends, it is not just the relationship between the husband and wife that is affected. The entire family dynamic changes. Children can often feel caught in the middle, feeling like they have to choose sides or take sides. This can be especially difficult if there are custody battles or disagreements about child support.
The law recognizes that children need to be protected during a divorce. That’s why there are a number of legal protections in place for children of divorcing parents. These protections ensure that the best interests of the child are always taken into account.
Some of the ways that the law protects children in divorce include:
specifying that parenting decision must be made in the best interests of the child;
giving children a voice in custody and access proceedings;
requiring that child support be paid;
providing for grandparents’ rights; and
prohibiting parental alienation.
We will discuss each of these protections in more detail below.
Parenting decisions must be made in the best interests of the child
One of the most important ways that the law protects children in divorce is by specifying that all parenting decisions must be made in the best interests of the child. This means that, when custody and access are being decided, the needs and wishes of the child must be taken into account. The court will also consider factors such as the child’s age, health, and relationship with each parent.
Giving children a voice in custody and access proceedings
In addition to specifying that parenting decisions must be made in the best interests of the child, the law also gives children a voice in custody and access proceedings. This means that, if a child is old enough and able to express his or her wishes, the court will take those wishes into account.
Requiring that child support be paid
Another way that the law protects children in divorce is by requiring that child support be paid Child support is money that one parent pays to the other to help with the costs of the child. In Canada, child support is calculated using a formula set by the federal government.
Providing for grandparents’ rights
The law also protects children in divorce by providing for grandparents’ rights. This means that, even after a divorce, grandparents can still play an important role in their grandchildren’s lives.
Prohibiting parental alienation
Finally, the law protects children in divorce by prohibiting parental alienation. Parental alienation is when one parent tries to turn the child against the other parent. This can be done through manipulation, brainwashing, or even physical abuse. It is essential to remember that parental alienation is a form of child abuse, and it is illegal.
If you are experiencing parental alienation, please seek help from a professional immediately.
These are just some of the ways that the law protects children in divorce. It is influential to remember that, even though divorce can be difficult, the law is there to protect your child’s best interests.
Now that we’ve discussed some of the ways that the law protects children in divorce, let’s move on to our next topic: co-parenting after divorce. Stay tuned for our next blog post, which will discuss five great tips for co-parenting after divorce in Canada.
5 great tips for co-parenting after divorce in Canada
After a divorce, parents must work together to provide stability and support for their children. Here are five tips to help make co-parenting after divorce a success in Canada:
Establish clear communication channels: It is important that both parents are able to communicate openly and frequently with each other. This will help to prevent misunderstandings and provide a forum for discussing any concerns or changes in the parenting arrangement.
Keep children’s needs front and center: In the midst of dealing with their own emotions, it is indispensable that parents keep their children’s needs at the forefront of decision-making. All decisions should be made with the best interests of the children in mind.
Cooperate with your ex-spouse: Parents need to be able to cooperate with each other in order to make co-parenting work. This might mean making some compromises, but it will be worth it for the sake of the children.
Seek outside support: There are many resources available to help parents navigate the challenges of co-parenting after divorce. Parents can seek out counseling, join support groups, or read books or articles on the subject.
Be flexible: Parenting plans will inevitably need to be adjusted as children grow and change over time. Parents should be prepared to make changes to the plan as required, in order to continue meeting the needs of their children.
If you have any questions about divorce or the law, please contact us. We would be more than happy to help.