Child Custody & Support

How We Help With Child Custody and Support

When parents separate, children’s needs must come first. Decisions about where children live, how parenting time is shared, and financial support can significantly impact your children’s stability and well-being for years to come. These are some of the most important and emotional decisions you’ll make.

We help parents create arrangements that work for their unique families. Whether you’re negotiating your first parenting plan or need to modify existing arrangements due to changed circumstances, we advocate for solutions that serve your children’s best interests while protecting your parental rights.

Child Custody & Access

Custody determines major decision-making for your children, while access (also known as parenting time) establishes when the children are with each parent.

Custody can be sole (where one parent makes the decision) or joint (where parents make the decision together). Access schedules range from equal shared parenting to supervised visits, depending on circumstances. Courts consider several factors, including children’s relationships with each parent, the stability of home environments, each parent’s caregiving history, and the children’s wishes, if age-appropriate. We help negotiate parenting plans that provide stability and maintain strong relationships with both parents when possible.

Child Support Guidelines

Child support is calculated using the federal Child Support Guidelines, which are based on the paying parent’s income and the number of children in the household.

The process involves determining the payor’s total gross annual income from all sources, applying the appropriate provincial table (in Nova Scotia for residents), and adjusting for special expenses such as childcare, medical costs, or extracurricular activities. Shared parenting arrangements may affect amounts. Support continues until children reach the age of majority or finish their education. We ensure accurate calculations and proper documentation for fair support arrangements.

Spousal Support

Spousal support helps address the economic disadvantages resulting from a marriage breakdown. It’s not automatic and depends on factors such as the length of marriage, roles during marriage, and each spouse’s financial situation.

Support can be compensatory (for economic sacrifices made during marriage), non-compensatory (for needs arising from marriage), or contractual (based on agreed-upon arrangements). The Spousal Support Advisory Guidelines suggest ranges for the amount and duration. Support may be in the form of periodic payments or lump sums, and can be reviewable or fixed-term. We advocate for fair support arrangements that recognize both contributions to the marriage and future needs.

Relocation with Children

When one parent wants to relocate with the children, it can have a profound impact on the other parent’s relationship with them. These cases are legally complex and emotionally charged.

Since the Supreme Court’s decision in Gordon v. Goertz, courts consider the children’s best interests, including the reasons for the move, the impact on the children’s relationships, the proposed new parenting arrangements, and the children’s views. The parent wanting to relocate must show that the move benefits the children, not just themselves. We help parents either pursue or oppose relocation applications, always focusing on what’s best for the children.

Modification of Arrangements

Children’s needs and parents’ circumstances change over time. Existing orders and agreements may need updating.

Common reasons for changes include children’s evolving needs as they grow, adjustments in parents’ work schedules or income, relocation for work or remarriage, and children’s own preferences as they mature. We help modify arrangements through negotiation whenever possible or by filing court applications when necessary, ensuring that changes reflect current realities while maintaining stability for the children.