Hey, it's Val from Pathway Legal. Our mission is to help you avoid lengthy court processes whenever you can. The court should be the final frontier, the very last resort. We believe in the power of mediation and alternative dispute resolution.

But sometimes, the court is unavoidable. Like when it comes to fighting for your child's custody. In today's episode, I'll be diving deep into the nuances of child custody cases, the evidence you'll need, and the scenarios where getting custody is in the child's best interest.

We've identified seven scenarios where fighting for custody becomes a necessity. These include Parental Alienation, which includes one parent turning the child against the other, slandering the other parent, hindering parenting time, or making false reports to the authorities. Cases involving child abuse or neglect. Cases that involve domestic violence or high-conflict situations between parents.

In each of these scenarios, there's a vital piece of evidence known as the "Hear the Child Report" or "Views of the Child Report." Through professional interviews, these reports can bring to light behaviors or situations that are harmful to the child. It can be heartbreaking to hear children say things like "I wish my dad wouldn't speak so badly about my mom," or "I wish my mom wouldn't be so angry at my dad all the time." These reports can provide key insights into a parent's possible alienating behavior.

In the province of British Columbia, recording a conversation without the other party's consent is legal, as long as one person is aware of the recording. This can serve as vital evidence in cases where one parent is instilling fear or anxiety in the child against the other parent.

Now, in scenarios involving child abuse, neglect, or domestic violence, the best evidence comes from police reports or reports from child welfare authorities. They're unbiased, factual, and carry a lot of weight in court.

As the child grows older, their own preference can also become important evidence in deciding custody, which is often revealed through the "Hear the Child Report" or "Views of the Child Report."

Lastly, when the parents are in constant conflict, the custody battle might become necessary. "Missile texts" or "missile emails" full of insults can serve as strong evidence of such hostile environments.

This episode is packed with insight:

(01:37) The unusual remedy (04:14) The seven paths to child custody (05:18) Parental alienation and the road to custody (09:14) The crucial evidence of parental alienation (11:49) Going the extra mile and presenting unconventional evidence (13:13) The power of documentary evidence in abuse cases (15:11) Domestic violence as the grounds for custody (17:17) Letting your child's voice be heard (17:50) Weaponizing words such as missile emails and texts

We'll delve into these seven scenarios and the types of evidence that can support your case. It's not common for one parent to be entirely excluded from their child's life; in my 25 years of practice, I've seen only two such cases. But if you find yourself needing to fight for custody, this episode will guide you on what evidence to gather.

I hope you never have to use this information, but if you do, I trust it will empower you in fighting for your child's best interest.

This is Val. See you in the next episode!

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About Val 

Val Hemminger is based in Westshore, British Columbia, and has been a family divorce lawyer for over 25 years. She runs two different podcasts, "Be The Best Divorce Lawyer" and "The Better Divorce Project." 

She helps families navigate through the rough terrain of divorce with ease and grace. Her secret to success? A unique and powerful approach that prioritizes an emotionally rewarding resolution for families while keeping court as a last resort. Val is a skilled advocate who will fight for your best interests every step of the way.

Websites & Socials 

• The Better Divorce Project

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