Child Custody Montreal
Determining child custody is one of the most important jobs that a family law attorney can do. This single aspect of a divorce or separation can have long lasting repercussions in the lives of the people concerned. At Kalman Samuels, Attorneys – a child custody Montreal law firm, we take this task very seriously and have established a top notch reputation for our work in this area.
When all efforts to change the unalterable end of a marriage have failed, the bonds between child and parent must be the first consideration of all concerned. The necessity of providing a healthy and secure environment for children to prosper in without suffering penalties from the difficulties of their parents is the aim of our law firm. Minimizing the disruptions in the child’s life is the best possible outcome in the disintegration of the relationship between the parents. Ensuring that the needs and rights of the child are met and respected is the primary goal of Kalman Samuels. Attorneys, Montreal divorce lawyers. Our Montreal law firm offers experienced counselling to you in managing child custody arrangements for minor children in the event of divorce or separation.
Our Montreal law firm offers experienced
counselling to you in managing child custody
arrangements for minor children in the event
of divorce or separation.
Writing an agreement
Whenever possible, we attempt to reduce costs and stress for our clients by seeking an amicable agreement between the parties. If this can be achieved, the process is far more desirable than litigation. Our Montreal law office is an industry leader in Montreal family law dispute negotiations and the writing of agreements to resolve every element within the dispute.
Sometimes, even with the help of attorneys and/or mediators, it is impossible for the parents to come to an agreement as to child custody. This can happen because one side is bullying the other, one side has unreasonable expectations, one side is using the children as pawns to try to harm the other side, or both sides are simply unable to communicate.
It is also entirely possible that both sides sincerely believe that they are seeking what is in the best interests of the children.
When negotiated settlement is impossible, it is necessary to go to Court and prove what is in the children’s best interests through solid understanding of the law and a proper representation of the facts. When it comes to Montreal, child custody matters as well as international child custody conflicts, Kalman Samuels, Attorneys, been a recognized leader since many decades!
Child custody after a divorce
Article 16 of the Divorce Law stipulates that determination of the modalities of an order concerning custody or the right of access to a dependent child must be made while considering, among other things, the best interests of the child that are defined in function of his resources, his needs and in a general manner, his situation.
When a parent is moving to another city, this often becomes an important element of dispute in cases where there is an international or interprovincial aspect. Kalman Samuels, Attorneys, Montreal divorce lawyers are able to fully represent its clients in child custody matters in Montreal, nationally and internationally.
Child custody after a separation
In case of separation between non-married parents, the corollary relief aspects concerning custody, child support for the children are regulated by the Civil Code of Québec (articles 507 and following in the Civil Code of Québec). The principles regulating these matters are similar to those that prevail in a divorce case, with a few exceptions.
However, it is very important to point out that there are distinct differences, on certain aspects, between the Divorce Law and the Civil Code of Québec, especially concerning alimony retroactivity requests as well as the “in loco parentis” notion that only exists in case of a divorce procedure. Our legal expertise will help you navigate these critical distinctions in reaching an agreement that protects the rights of the children.