Child custody and access

in Ontario

The legal process in Ontario for resolving child custody and access cases can be complex and time-consuming. Having an experienced lawyer representing you in mediation or in court can help you get the most desirable outcome.

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Do I need an attorney?

Child custody cases can be contentious situations that involve a lot of emotions. Even in cases where parties are initially cooperative, it is not uncommon for issues to come up that create animosity.

You must act quickly so that you can better control the speed and narrative of the negotiations, especially if your spouse has already hired an attorney.

Unsure of next steps? Speak with a lawyer today to get a better idea of what your case may entail.

Legal aspects of child custody and access

Who will the children live with? Who will have custody? Who has decision-making rights for the children? How much time can each parent spend with the children? What happens if the parents cannot agree?

Child custody and access matters can be complex and difficult to resolve. It is important to understand the basic concepts behind Ontario laws, the legal process during a divorce or separation, and your legal rights and responsibilities.

What is child custody?

“Custody” is decision-making ability. It is the legal right and responsibility to make major decisions for a child’s care. This includes decisions on where they live, where they go to school, what medical treatments they receive, what religion they practice, and other concerns.

What are the types of child custody arrangements?

SOLE CUSTODY
One person has the legal right and responsibility to make decisions about a child’s care. Usually, but not always, the child lives primarily with the person who has sole custody. The other parent may still have access rights; however, this is at the discretion of the parent with sole custody.

JOINT CUSTODY
Two people, usually the parents, share the legal right and responsibility for making decisions about a child’s care.

A joint custody arrangement does not mean that the child will necessarily spend “equal” time with both parents, nor does it mean that the child will equally split where they live. However, it does mean that both parents must work together to agree on schedules, decisions, and other shared responsibilities.
Typically, the child will have a primary residence with one of the parents.

SHARED CUSTODY
Like joint custody, both parents share the legal right and responsibility for making decisions about a child’s care.

Shared custody means that each parent has the children for at least 40% of the time, meaning the child’s time is roughly split between the parents.

Shared custody is preferable over joint custody if one parent is away from home for long periods of time, one parent is financially unstable, or one parent is ill, injured, or unable to care for the children.

SPLIT CUSTODY

Parents have more than one child together and each parent has one or more child(ren) living primarily with him or her. For example, if a family has two children, one child may reside with the mother and the other resides with the father.
This is one of the least common custody arrangements granted by the court. Even when parents agree that split custody is the best choice, the court may determine joint custody is in the best interest of the children.

Generally, split custody agreements become more relevant with older children. This is because the stated preferences of pre-teens and teenagers can have a significant influence on the outcome of a child custody agreement, whereas the views of younger children are often less influential.

What does “parenting time” or “access” mean?

Parenting time (formerly known as “access”) is the right to visit—or be visited by—your children. It also means the right to get information on your child’s health, education and well being from the other parent, or from other places, like schools.

Parenting time does not give you the legal right to make decisions about the child’s care, including where they live, where they go to school, what medical treatments they receive, what religion they practice, and other concerns.

For example, a parent with parenting time may request a copy of a school report card from the school, but he or she cannot make major decisions like moving the child to a different school. These decisions are the right of the parent with decision-making responsibility, which is based on the child custody arrangement.
If there are concerns about the child's safety, a parent may not be allowed to have contact with his or her child or the access may be supervised, restricted or denied.

How is child custody and access determined?

The decision-making power comes from one of two places:

1- An agreement between parents
2- The courts

When parents reach a decision outside of court that has been put in writing, the court generally won’t interfere. If parents are unable to come to an agreement, a custody and access arrangement can be reached through mediation, negotiation by lawyers, or going to court.

Going to court gives you the least amount of control over the final custody and access arrangement. Courts will consider the Divorce Act, the Family Law Act, the Children's Law Reform Act, and precedents set in other cases, with the best interest of the child at the forefront of the decision.

Request a consultation Now!

Securing the best outcome for your child's well-being during custody and access disputes can be a complex and emotional task. Our experienced team of lawyers can guide you through the legal process and provide you with the legal advice and guidance you need every step of the way. Request a consultation now for your child custody and access needs in Ontario, Canada.

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Khan Law is a boutique law practice that has been providing legal services to the Greater Toronto Area since the year 2000.

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