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Difference between revisions of "I Just Separated from the Other Parent of My Children"
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I Just Separated from the Other Parent of My Children (view source)
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If you and the other parent of your children have separated, you still need to make decisions about who will have '''custody''' (who the children will live with) and how much '''access''' the other parent will have to the children. | If you and the other parent of your children have separated, you still need to make decisions about who will have '''custody''' (who the children will live with) and how much '''access''' the other parent will have to the children. | ||
You will also need to decide how you will handle '''guardianship''' (long-term decisions about the children's health, education and welfare) and | You will also need to decide how you will handle '''guardianship''' (long-term decisions about the children's health, education and welfare) and '''maintenance''' (financial support for the children and, if necessary, you or the other parent). | ||
== First steps == | == First steps == | ||
# Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. [Look in the Yellow pages under | # Ensure that you and your children are safe. This may mean leaving the family home for awhile and staying with friends or staying in a transition house. [Look in the Yellow pages under "Crisis Centres" or see #58 VictimLink. The local police station can also give you information about transition houses and other victim services.] | ||
# If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. [See #36-Legal | # If you need a lawyer but cannot afford one on your own, see if you qualify for legal aid representation. [See #36-Legal Aid Representation, in Part 2 of this Guide for information about applying for legal aid.] If you qualify, the Legal Services Society will appoint a lawyer to advise you and represent you in court.<br />If you don't qualify for legal aid representation, or if you think you can resolve your issues through mediation, you may wish to contact a Family Justice Centre. [See #23-Family Justice Centres, in Part 2 of this Guide for contact information.] Counsellors at Family Justice Centres can provide information, mediation and assistance with applications involving custody, access, guardianship and maintenance in Family Court. However, they have no jurisdiction to help with divorce or division of family assets. | ||
# If you want to apply for custody, guardianship, access or maintenance in Family Court, complete an '''Application to Obtain an Order'''. [You can get an Application to Obtain an Order from any Provincial Court Registry or most Service BC (Government Agent) Offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you.] Family Court forms and self-help information are also available online at the Family Law in BC website, see Resource #24 in Part 2 of this guide. Click on the shortcut “Self-help guides”, scroll down to “Family orders” and click on the appropriate link. If you do not feel it is safe to wait, you may ask the Judge to make the order ex parte, meaning that the court will make its order without your ex-partner having a chance to be heard. Ex parte orders are always interim (short-term) and your ex-partner will eventually have a chance to speak to the judge before a final order is made. | # If you want to apply for custody, guardianship, access or maintenance in Family Court, complete an '''Application to Obtain an Order'''. [You can get an Application to Obtain an Order from any Provincial Court Registry or most Service BC (Government Agent) Offices. Call Enquiry BC at 1-800-663-7867 for information on the one nearest you.] Family Court forms and self-help information are also available online at the Family Law in BC website, see Resource #24 in Part 2 of this guide. Click on the shortcut “Self-help guides”, scroll down to “Family orders” and click on the appropriate link. If you do not feel it is safe to wait, you may ask the Judge to make the order ex parte, meaning that the court will make its order without your ex-partner having a chance to be heard. Ex parte orders are always interim (short-term) and your ex-partner will eventually have a chance to speak to the judge before a final order is made. | ||
