On behalf of Gary Kirk of Kirk Montoute LLP posted in Family Law on Monday, November 5, 2018.
Some divorced parents are embroiled in bitter battles over their children. Child custody fights in Canada can be brutal, and some parents will use any tactics possible, including parental alienation, which is sometimes misused when things get as far as a court room. There have been circumstances in abusive instances when alleged abusers will accuse the other parent of trying to turn their children against them.
Experts says parental alienation is one of the most used allegations over the last two decades. It is costly, time consuming and usually not in the best interests of the children. Some psychologists have even debunked the term, but it is still used in court. Most judges still accept that parental alienation exists and find it difficult to sort fact from fiction in what is one parent against the other.
Experts say judges need to approach these types of disputes with caution and by taking small steps. A child’s welfare is on the line in custody cases, and things should be sorted slowly. Judges need time to sort through allegations and determine which are credible and which are false.
There are many issues that can come into play in child custody cases. There are many tactics one parent might try to use against the other. Having an experienced lawyer in Canada weigh in with advice can save time, money and potential heartache. After reviewing a case, a lawyer will be able to offer guidance on what steps to take regarding child custody issues. It is better for a client to have a firm grasp on what the law states when it comes to issues affecting custody and proceed from that respect.
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