Most parents will agree that it can be difficult to work with the other parent to enter into an education contract, but it is better for the child that the parents create the education agreements, not the court. If you have a separation agreement or a court order that establishes a certain custody and access regime, and you want to change it, the first step is to ask yourself honestly, “Is it in the best interests of the children?” If you find it sincere and, for whatever reason, the current regulations no longer apply to children, you have two ways of solving the problem: either in agreement with the other parent, or by asking a judge to change the agreement or order. If you also focus your program on your child`s needs and try to create a plan that works for all participants, you have a successful child care and access plan that everyone can enjoy. When parents separate or divorce and families are restructured, many problems need to be resolved. The most important situation to address is the care and care of children from the relationship. The information in the “Child Custody and Access in New Brunswick” brochure can help you stay on track in your agreement. The purpose of any NB child care agreement is to ensure that all aspects of a child`s physical and emotional needs are taken into account. No family situation will ever provide ideal circumstances, but parents must make the most of their broken family by ensuring that their children`s “Best Interests” are at the centre of concerns. Both parents must prioritize the needs of children over themselves and accept an agreement that allows their children to receive the best possible education. Sometimes we also hear people refer to shared custody. In reality, there is no “shared custody.” This term does not appear in the Divorce Act or the Family Services Act. Its only aspect is a title in the federal child care guidelines, to describe an education agreement in which each parent has the child at least 40% of the time during the year. In New Brunswick, custody means keeping and controlling a child, including important decisions for the child.
And if you and your spouse don`t agree, the custody must be changed? You have to put it in the hands of a judge who will ask the same question: is it in the best interests of the children? Second, they will ask what “substantial change in circumstances” has occurred since the signing of the agreement or the granting of the decision. If there is no evidence of a major change in the lives of parents or children that now makes the current order harmful to children, it is unlikely to be changed by a judge. The courts do not interfere with children`s lives unless there is a very good reason to do so and they are convinced that there is a good reason. There are several types of custody in New Brunswick, so it is important that you be aware of the common terminology that you will use in your agreement: Most custody and access plans contain the following: If you both agree on the changes to be made, are there other things to do, such as changes to child care? You can consult the tables of the federal child support guidelines at any time on the Government of Canada`s website for a straight line response, while you should consult a family lawyer in more complex custody situations, either through a family law information centre or a perplexed private person. If child custody is imposed by Family Support Orders Services (FSOS), you will need the assistance of a lawyer to make some changes to the agreement or order of the Court, as FSOS cannot change the amount of assistance they have imposed unless the agreement or order is amended.
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