Szabo & Associates News & Updates

Under the Family Law Act, the only persons with rights are the children. No one with an interest in the welfare of a child has a legal right to spend time with a child. Rather, the focus of the Act is on the rights of children and parental responsibilities rather than on parental rights. 

When parents separate, one of the key issues that may arise is the residence and contact arrangements for any children. The family law system encourages parents to work out arrangements for their children without the need of Court intervention. However, this is not always possible and either parent can apply to the Court to have the matter resolved.

The date of separation is relevant in family law property matters because the Court takes into account the contributions made by a party during the relationship. As such, the date of separation can have a considerable impact on the division of assets during their property settlement.

The concept of what is best for a child’s welfare, or what is in the ‘best interests of the child’, pertains to those principles used by a Court to decide the best outcome for a child given a particular set of circumstances.

When parents separate, one of the key issues that may arise is the residence and contact arrangements for any children. The family law system encourages parents to work out arrangements for their children without the need of Court intervention. However, this is not always possible and either parent can apply to the Court to have the matter resolved.