Child Custody & Parenting Lawyers

Child custody and access are two distinct concepts. Custody refers to decision-making, while access pertains to where the child will physically spend their time. Courts will always make decisions that are in the child’s best interests. For child custody there are two possible outcomes: joint or sole custody. In sole custody, one spouse makes all of the major decisions pertaining to the child. In joint custody, both spouses make all of the major decisions for the child jointly. Note, that courts have been favouring the term “decision-making” rather than “custody”. Courts generally push for joint custody/joint decision-making. Sole-custody/sole decision-making is ordered rarely and usually only when there is violence or the parents are truly unable to co-parent together. It is important to keep in mind that there are not that many major decisions in a child’s life. Major decisions are usually categorized into three categories:

• Education – where will your child go to school or will they undergo an assessment recommended by their teacher?
• Religion – will your child be baptized?
• Medical – will your child undergo that medical procedure recommended by his doctor.

Access is what the schedule will be for your child. Each parent has the right to maximum contact with a child. The schedule is determined based on what is in the child’s best interests. Custody can be mutually agreed upon by both parents. If the parents cannot come to an agreement, decisions on child custody are made based on what is in the best interests of the child. One of the key decisions is to determine who the primary caregiver is for the child. This is usually the person who handles the majority of the caring, education and recreational tasks (e.g., cooking meals, putting kids to sleep, taking them to school / activities, etc.). In addition, the emotional and physical development and well-being of the child must also be considered. Child custody can be awarded to close relatives, if it is determined that it is in the best interest of the child.

Depending on your child’s age, he can provide his wishes as to where he wants to live by obtaining a voice of the child report where he speaks to a third party about his views. This is something you would have to pay for. The second method is by having the Office of the Children’s Lawyer appointed to determine where he wants to live and what is best for him. The Office of the Children’s Lawyer will appoint a lawyer and/or clinical worker to meet with your child and the parents to determine what the custody and access should be. This service is provided at no cost.

If you are living in the home together, you maintain the status quo until you can agree upon an access schedule. Your spouse cannot take the kids and leave the matrimonial home without your consent. If they do, your lawyer can assist you.

Yes in most circumstances. When a parent is granted sole custody, they are awarded the right to physically house the child and also to make all of the decisions regarding the child. Although the other parent has no decision-making authority, they will typically have visitation and access rights which would need to be agreed upon with the parent who has sole custody.

No, as child custody is awarded based on what is in the best interest of the child. This will depend on the individual circumstances of each family.

Child support could still apply even if you have split custody of your child. Child support payments are determined based on the Child Support Guidelines. If you have more than 40% custody of your child you can apply for a reduction in child support.

A spouse can be deemed to be an unfit parent if they have been physically or mentally abusive, or if they have been negligent or deemed to not be able to provide proper care for the child. An unfit parent will not be awarded custody of the child, and courts will look at the other parent or a close relative to take custody of the child.