Preparing a Child Custody Case
One of the areas of contention in a divorce as that of child custody. As a result, there are a number of things that a parent can do in order to win a child custody hearing. This article will discuss the necessary documentation that a parent can compile for their child custody case.
When it comes to resolving child custody cases which it is often beneficial for parents to create a record of their interactions between the other parent, the children and themselves. Below is information as to how such documentation can be compiled.
Firstly, it is important to note that you will not need to show up in court with your documents. All court proceedings begin with written submissions to the court that outline your position and state what you are asking the court to order. If you are acting without a lawyer it is a good idea to include copies of any supporting documentation as proof of your arguments when you make your written submissions. This is important because the judge will need to see your paperwork before you get to court. It is likely that the judge will have already reviewed all written submissions in order for him or her to be familiar with the matter.
If the other parent initiates custody proceedings you can assume that he or she has included their own proof when they made their written submissions. It is imperative that you receive a copy of the paperwork that the other parent submitted to the court. Ensure that you read this information carefully and you have a right to respond to the other parent’s submission in writing. By having the other parent’s submissions this is a good guide as to what additional documentation you will require in order to refute his or her submissions. It is imperative that you make copies and submit such proof with your response to the other parent’s submissions.
It is important that both parents keep a diary of all phone calls made between the child and the parent who does not currently have custody. Such phone logs should include when the calls occurred, how long they lasted and how frequent they were. It is also important to take note of the nature of the calls, was it just talking over the phone or were they Skyping. Such records are evidence of continuous contact between the parent and the child that does not have custody. It can also be proof of the lack of regular contact between the child and the other parent. It is important to note that courts do not look favorably on a parent who tries to impede on a child’s relationship with the non-custodial parent. Therefore, as a custodial parent be careful that the non-custodial parent does not use your curtailing the child’s relationship with them as an excuse for not calling often.
It must be noted that a lack of regular phone contact could tell the judge that the non-custodial parent does not have a close relationship with the child.
Contact family lawyers for legal advice and representation in child custody and divorce Ontario.