Custody/Access
At Gene C. Colman's Family Law Centre, a significant part of the practice is devoted to helping parents maintain relationships with their children. Gene C. Colman is a long time committed advocate for "joint custody" – now currently known as "equal shared parenting". For over thirty-one years, he has been helping parents strategize their cases, construct their parenting plans, and advance their claims for substantial time with their kids. There should be a rebuttable presumption in law in favour of equal shared parenting. Until that time, it is more of a challenge to achieve substantial time for what we have historically called the "non-custodial parent". Custody/access cases require the lawyer and client to collaborate, to work together to discover the parent's positive parenting traits, present that evidence in the best possible light, yet still realistically and proactively address challenges to the client's skills and abilities as a parent. The emphasis is on "strategizing", "planning" and diligently presenting one's case (whether through the court process or through negotiation, mediation or arbitration).
Child custody cases may involve undergoing a forensic "assessment" by a psychiatrist, psychologist or social worker. Helping the client to understand the forensic assessment process, and above all helping the client to thoroughly prepare for that process, is one of the hallmarks of this law practice. See the article custody/access assessments to gain a small glimpse of the expertise we have in this area.
We live in an increasingly mobile society. Parental "mobility rights" – the right to move across town or across the country or even to another country – is a very hot issue in Canadian child custody law. There are real limits on a parent's "right" to just pick up and move with the children. There is an international treaty. There are provincial and federal laws. There is a well developed body of case law. Child kidnapping incidents require fast, resolute, and highly pointed legal interventions. One aspect of parental mobility rights is discussed in an article here.
