British Columbia Divorce Information

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Custody and Access Assessment during Divorce

by admin - March 15th, 2010.
Filed under: Uncategorized.

In a recent news release, it is said that the famous New York rapper Nas has pleaded not guilty to the charges of unpaid child and spousal alimony. Divorce can terminate your relationship as husband and wife, but if you have children, your bond as their parents will continue and you can never escape from your responsibilities as the father or mother of your children. Couples who are going to have divorce in BC should take every effort to ensure the physical and emotional well being of their children after the separation.

Both father and mother have equal responsibility in raising their children. The law also gives both parents equal rights to claim for the custody of children when they divorce. However, divorce requires redefining of their roles and responsibilities in children’s lives. The separating or divorcing parents are always encouraged to come to an agreement between themselves regarding custody and visitation of children. If they are unable to do so, the court will take decisions based on the best interests of children.

In case of failure of an agreement between the parents, the court will order custody and access assessment to decide on the custody of children. Usually, this job is done by a professional psychologist or a social worker. Parents can choose their own independent assessor or as per the court’s direction, the Office of the Children’s Lawyer will assign an assessor. The main objective behind this assessment is to get a professional advice on what will be most appropriate arrangement for the children and which parent can serve the best interests of the children.

The assessor will evaluate the capability and willingness of parents to provide their children with proper guidance, education, and all other requirements of life. The adaptive and psychosocial functioning of parents will also be analyzed and assessed to determine their parental competence and skills. The report submitted by assessor can be used as evidence in the court

The assessors will try to collect information from all the relevant sources including personal interviews with friends and new partners of parents, school authorities, and relatives. They will also review documents like parent’s criminal reference checks, school reports and assessments, and children’s medical records. Parents will also be interviewed and observed to find out their views on parenting children.

The assessor’s final report will include a parenting plan that stipulates which parent should get the custody of children. Child custody is the most complicated and emotional issue associated with divorce. If you are going to apply for divorce in BC, remember that it is in every way better to avoid a bitter child custody battle.

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