How Courts Determine Parenting Arrangements
Once your matter is before the court, the focus of the Trial Judge will be on determining the arrangements that are in your child’s best interests. In doing so, the court must consider … (physical environment … parenting skills … wishes of the children …)
How We Help
These agreements are commonly made to protect assets, businesses, or inheritances, or to provide financial certainty between parties.
Dispute Resolution Requirements Before Court
If the court is required to assist you in determining the time that your children should spend … it is necessary for you to have attempted dispute resolution (through mediation or counselling) … and to lodge a certificate to this effect with the court as part of any Court application, unless there are urgent circumstances which exclude this process.
Key Factors the Court Considers
The physical environment you can provide … relationship between the parents … parenting skills … current arrangements … wishes of children (bearing in mind age and maturity).
Frequently Asked Questions
Generally, a valid will must be in writing, signed by the testator (will-maker), witnessed by two competent adults who also sign, and the testator must have testamentary capacity (mental capacity to understand what they are doing).
If you die intestate, your assets will be distributed according to a legal formula set out by state law. This may not align with your wishes.
A will outlines how your assets are distributed after death. A trust is a legal arrangement where assets are held by a trustee for the benefit of beneficiaries, often used for estate planning purposes during your lifetime and after.
You should review your will every few years or whenever there's a significant life event (marriage, divorce, birth, death, change in financial circumstances).
Yes, but changes must be made by a codicil (a formal amendment to the will) or by creating a completely new will. Handwritten changes to the original will are generally not valid.
A life estate grants someone the right to use a property during their lifetime. Upon their death, ownership usually transfers to someone else (the remainderman), as specified in the original deed, not necessarily the will.
If someone dies intestate, an administrator (similar to an executor) is appointed by the court. A close relative usually applies for this role.
Contesting a will challenges the will's validity (e.g., lack of capacity, undue influence). A family provision claim (also called a "testator's family maintenance" claim) acknowledges the will's validity but argues that it doesn't adequately provide for certain dependents.
An ACD allows you to document your wishes regarding future medical treatment if you become unable to make decisions for yourself.
An executor is the person named in a will responsible for administering the estate. Their duties include gathering assets, paying debts and taxes, and distributing the remaining assets to beneficiaries.
Probate is the legal process of proving the validity of a will and officially appointing the executor. It's necessary to ensure the will is legitimate and the executor has the authority to manage the estate.
An EPOA allows you to appoint someone to manage your financial and/or personal affairs if you become mentally incapacitated.
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Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.