Child Custody in Ontario
What is child custody in Ontario?
If you are going through a divorce, one of the most difficult agreements you will have to reach is who will have custody of the children. Child custody refers to the control and care of children. Having custody rights means that you are in charge of making decisions about the child’s health, education, and religion. While the custodial parent will generally maintain residency rights and have the children live with them, the non-custodial parent can still request the right to access the children. There are several options available to you as a couple, but negotiating terms can be more difficult than it seems. If the separation is acrimonious, one parent may request full custody of the child, however the most desirable outcome is a joint agreement. The terms of the joint agreement will need to be agreed to suit both parents and ensure that they are achieving the best possible outcome for the children involved. Because this is such an emotional issue and involves the welfare of the children, seeking a child custody attorney is highly recommended. A lawyer will be able to provide an objective view of the matter and help both parties find a mutually agreeable solution.
What is full custody?
Full custody, or sole custody, means that the mother or father has sole custody of the child, both physical and legal. That parent makes all the important decisions and the child resides with the parent who has sole custody. This does not mean that the other parent cannot visit or see the child at all, they may still be granted visitation rights. They may also have the right to request information about the child’s education and health, but will have no influence over those decisions. A parent with sole custody can make a decision about who that sole custody transfers to at the time of the parent’s death. This will not automatically transfer to the other parent.
What is joint custody?
In a joint custody agreement, both parents share access to the child. Parents should collaborate on when the child will spend time with each parent. Typically, there will be a primary residence for the child as well as a secondary residence where the child may spend vacations and weekends. Parents are also required to act collaboratively when making important decisions about their children’s future. The goal of joint custody is to maintain a healthy relationship with both parents and allow both to participate. Within the general joint custody title, there are two subtitles to consider
1 Joint legal custody. In joint legal custody, both parents participate in the decision-making process to agree on the outcome of major child-rearing issues. In joint legal custody, the child is not required to spend the same amount of time with either parent.
2 Shared physical custody. This is also known as joint custody and under this subheading, both parents will spend a fair share of time with the child. This generally means at least 40% of the time.
What is split custody?
Split custody occurs when different children go to live with different parents. This usually happens when the children are a bit older and can make their own decision about which parent they prefer to live with. However, split custody is relatively rare, as it is unusual for siblings to be separated.
Who makes the custody decision?
Ideally, the parents will work together to find the best outcome for their children without any interference from the courts. The final decision of the parents, once agreed upon, must be in writing in the form of a separation agreement or parenting plan. This ensures that the terms are clear and binding. Getting parents to agree to the terms of custody and access is the cheapest and least disruptive solution for children. However, if the parents really struggle to come to a mutually agreeable decision, a mediator, attorney, or court may be required to help find a resolution.
Generally, it is in everyone’s interest to avoid going to court, as this can be both financially and emotionally draining. If court becomes unavoidable, the focus will be on what is best for the children. The courts will examine the child’s relationship with each parent, who has acted as primary caretaker to date, and assess each parent’s ability to meet the child’s needs. In general, siblings will stay together and the court will try to keep disruption to a minimum. A court is unlikely to remove a child from a home if the home has a happy and stable home environment. In order to gather evidence to help the judge make a decision, children and parents will usually be asked to meet with a psychologist for tests and observations. The judge will then base the decision on the psychologist’s report, so it is crucial that all parties participate in psychological testing if requested.
Can I represent myself?
In theory, it is possible for you to represent yourself in a child custody case, but you must be realistic about the complexity of the law. A family lawyer will help you understand your legal rights and obligations and help you prepare a case that puts you in the strongest possible position to gain custody of your child.
Your children are precious and you want to do everything you can to protect them and your relationship with them. Therefore, we encourage you to seek out an experienced Toronto family law attorney to handle child custody matters as soon as possible. This is particularly important if you are concerned that your future ex-spouse will challenge your custody claim. SHAIKH LAW FIRM is one of the leading family law firms in Toronto, Ontario.