Family Law

Child custody, access and support

The issues of child custody, access and support are considered corollary issues which would be dealt with in accordance with the Divorce Act on the termination of a marital relationship or in accordance with the Family Services Act upon the termination of a common law relationship. In 1997 the Federal Child Support Guidelines were introduced throughout Canada. These guidelines provide a prescribed method for the calculation of child support under the Divorce Act. Shortly thereafter every province in Canada, including New Brunswick, adopted the Child Support Guidelines for calculating child support in non-marital child support situations. Since 1997, our nation’s courts have had many opportunities to interpret the Guidelines and have ruled on issues such as shared custody and retroactive entitlement to child support. Although the guidelines have provided a regulated framework for child support calculations, it is important to consult a lawyer if you have any questions in regard to custody, access or child support.  The Divorce Act was recently revamped with significant changes making it all the more important for clients to seek proper legal advice.

Standard matters

Elliott McCrea Hill provides a wide variety of experience in dealing with Family Law matters. While it is impossible to touch on each issue that may fall under the rubric of family law in a few short paragraphs, the Solicitors of Elliott McCrea Hill are prepared to provide simple, accurate, and effective advice in a straight-forward fashion regarding all family law concerns.

Generally, family law areas of concern can be said to fall under the broad categories of Adoption, Cohabitation, Marriage, Separation & Divorce.

1. Adoption: Formal Adoption of children was essentially unknown to the common law until it was adopted by statute in most of Canada in the early 20th Century. The law has undergone many revisions since the introduction of the initial statute however, the process often poses difficult to answer questions. The main types of adoption that commonly occur today are Step-parent adoptions and, to a lesser extent, International adoptions. Assistance and advice regarding the adoption application process and prerequisite requirements are often fielded by the Solicitors at Elliott McCrea Hill.

2. Cohabitation: Cohabitation and “common law” relationships have become commonplace in today’s society. Yet, with so many cohabitating couples the number of persons who fail to realize the legal significance of their relationship, and/or the lack thereof, is dramatic. Early identification of a “common law” relationship and the determination of rights and responsibilities thereof through guided discussions and/or cohabitation agreements are services provided at Elliott McCrea Hill.

3. Marriage: Marriage is a form of legal contract entered into between two persons. To most, marriage is seen as the natural extension and expression of love and commitment. Although the emotional and social aspects are easily recognizable by the prospective couple, the legal implications of their union is often overlooked. Legal marital advice and/or marriage contracts may serve to alleviate confusion and assist in defining pre-existing issues such as responsibility for certain property and debts among others.

4. Separation and Divorce: Divorces, however unfortunate, are a fact of life for some which must be addressed. The emotional intensity surrounding the dissolution of a marriage is often tremendous and in some instances the parties to a divorce may fail to realize the significance of certain actions or inactions as the case may be. Timely and effective advice regarding marital property issues, spousal and child support issues (including variances), and custody and access issues are just a few examples of the expertise which the Solicitors of Elliott McCrea Hill provide.

The legal team at Elliott McCrea Hill is able to provide the prospective family law client with up-front and straight-forward answers to questions and advice regarding all manner of family law issues and concerns.

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