When all efforts to change the unalterable end of a marriage have failed, the bonds between child and parent must be the first consideration of all concerned. The necessity of providing a healthy and secure environment for children to prosper in without suffering penalties from the difficulties of their parents is the aim of our law firm. Minimizing the disruptions in the child’s life is the best possible outcome in the disintegration of a marriage. Ensuring that the needs and rights of the child are met and respected is the primary goal of Kalman Samuels Q.C. & Associates. Our Montreal law firm offers experienced counselling to you in managing child custody arrangements for minor children in the event of divorce or separation.
Our legal office specializes in family dispute negotiations and the writing of agreements to resolve every element within the dispute.
Article 16 of the Divorce Law stipulates that determination of the modalities of an order concerning custody or the right of access to a dependent child must be made while considering, among other things, the best interests of the child that are defined in function of his resources, his needs and in a general manner, his situation.
When a parent is moving to another city, this often becomes an important element of dispute in cases where there is an international or interprovincial aspect. Kalman Samuels, Q.C. & Associates are able to fully represent its clients in national or international child custody matters
In case of separation, the corollary relief aspects concerning custody, alimony for children and between spouses are regulated by the Civil Code of Québec (articles 507 and following in the Civil Code of Québec). The principles regulating these matters are similar to those that prevail in a divorce case, with a few exceptions. However, it is very important to point out that there are distinct differences, on certain aspects, between the Divorce Law and the Civil Code of Québec, especially concerning alimony retroactivity requests as well as the “in loco parentis” notion that only exists in case of a divorce procedure. Our legal expertise will help you navigate these critical distinctions in reaching an agreement that protects the rights of the children.