How Do I Change or Appeal A Divorce Related Child Custody Order?
While all court granted orders in Alberta are generally final – there are certain circumstances in which you may appeal a child custody order. When you appeal a child custody order – the courts will review the original decision and in some cases they may reverse or change the order. Having a family lawyer to handle an appeal for a child custody order may help to reverse or change your order.
In the Court of Queen’s Bench – appeals can be filed under the Family Law Act and Child Youth and Family Enhancement Act. There are time limits that you need to be aware of. For example under the Divorce Act – there is an appeal period that is clearly defined which may be relevant towards your case.
Steps To Appeal Your Child Custody Order
While every legal situation is unique – your family lawyer will offer legal guidance on the best way to approach your appeal. Below is a general overview of how the appeals process works in Alberta.
- Notice of Appeal: The first step is to prepare a Notice of Appeal. Filing a Notice of Appeal will outline the basis for your appeal. We recommend you hire a lawyer to handle this aspect of your appeal.
- Obtain Court Transcripts: Your lawyer will also order original transcripts from court hearings.
- Filing the Notice of Appeal and Form: At the Court of Queen’s Bench location closest to you – your lawyer will file copies of your Notice of Appeal, transcript order and payment. Your lawyer will also be familiar with the timelines associated with this process.
- Serve your Notice of Appeal:Your lawyer will then serve your Notice of Appeal on the respondent (or other party).
- Court Appearances: Your lawyer will accompany you for the initial court appearance. At this time the Queen’s Bench will finalize the appeal hearing date as well as any additional documentation or evidence that will be required at the hearing date.
- Appeal Hearing: It is at the appeal hearing that the Queen’s Bench will make a decision regarding your appeal.
How Can A Family Lawyer Assist With Appealing a Child Custody Order?
An experienced family lawyer can assist in a variety of ways with your child custody order and appeals process. Some of the things they can assist with include but are not limited to:
- Child custody and access: A lawyer can help appeal where the children will live after separation or divorce as well as who will look after the children and what kind of access each parent will have.
- Mobility and Relocation: Amendments to the mobility of children as well as their relocation may be granted in the event one of the parents need to relocate or move elsewhere. Additionally, there may be times that one parent may want to restrict vacationing with children due to risk or other issues. In a situation like this, an appeal or amendment to the child custody order may be granted.
- Child support payments and schedules: While both parents have an obligation to financially support their children as well as adhere to the Alberta’s child support guidelines – changing economic or financial situations may allow for a change in the child custody order provided that the proper evidence and documentation is submitted.
- Child protection and safety: In the event that a child’s safety is at risk and evidence can be provided to validate this claim – an appeal or amendment to the child custody order may also be granted.
Contact an Edmonton family lawyer today regarding your child custody order or appeal
Are you in need of legal assistance with respect to child custody disputes? If so, contact our law firm and speak with an Edmonton family lawyer. We have assisted thousands of clients across Alberta with legal assistance with respect to child custody disputes. Don’t delay and call our law firm now by dialing 587-410-2500.
*Please note the content of this blog offers a general overview and does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice from a family lawyer for any answers related to child custody matters in Alberta.