In Ontario, child custody and access arrangements are determined with a primary focus on the best interests of the child. Legal custody involves decision-making authority, and physical custody pertains to the child’s primary residence. The court encourages parental involvement, emphasizing the child’s emotional, physical, and mental well-being. Custody arrangements can include sole custody, joint custody, or split custody, each tailored to the unique circumstances of the family. Access grants the non-custodial parent parenting time, fostering continued involvement. When parents cannot reach an agreement, court intervention may be necessary, resulting in legally binding custody and access orders. Navigating these matters requires a careful consideration of the child’s welfare, effective communication between parents, and adherence to legal obligations outlined in the court-issued orders.
FAQs
How are child custody and access determined by the courts?
Child custody and access decisions are made based on the child's best interests. Custody involves decision-making, and there are two outcomes: joint custody, where both parents make decisions jointly, or sole custody, where one parent makes all major decisions. Courts tend to prefer the term "decision-making" over "custody.".
What factors influence the court's decision on child custody?
Courts generally advocate for joint custody/joint decision-making, but sole custody/sole decision-making may be ordered in cases involving violence or when parents cannot co-parent effectively. Major decisions, categorized into education, religion, and medical matters, play a crucial role in determining custody.
How is access determined for a child in the context of child custody?
Access involves determining the schedule for the child, with the goal of providing each parent with maximum contact. The schedule is established based on the child's best interests, and both parents have the right to significant involvement in the child's life.effectively
What factors are considered in determining the primary caregiver and child custody?
Determining the primary caregiver involves considering who handles the majority of caregiving, education, and recreational tasks. The emotional and physical development of the child is crucial, and if parents cannot agree, the court decides based on the child's best interests. In some cases, child custody may be awarded to close relatives if it is deemed in the child's best interest.
Can my child express their preference about which parent they want to live with?
Yes, depending on the child's age, they can express their wishes through a "voice of the child" report. This involves the child speaking to a third party about their views. It is a paid service that parents can arrange.
How can my child's preference be determined regarding custody and living arrangements?
The Office of the Children's Lawyer can be appointed to assess the child's wishes and determine what is in their best interest. This involves appointing a lawyer and/or clinical worker to meet with the child and parents. Notably, this service is provided at no cost.
Is there a specific age at which a child can express their preference about living arrangements?
The ability of a child to express their preference is not solely determined by age but may depend on their maturity level. The "voice of the child" report and the involvement of the Office of the Children's Lawyer aim to consider the child's views in custody and access decisions.
Do I have to pay for the services involved in determining my child's preferences?
Yes, if you opt for the "voice of the child" report, it is a paid service. However, if the Office of the Children's Lawyer is appointed, the service is provided at no cost.
What happens to the children during the period between separation and finalizing the divorce?
If you and your spouse are still living together after separation, it is advisable to maintain the existing living arrangement until an access schedule is agreed upon. Your spouse cannot unilaterally take the kids and leave the matrimonial home without your consent. If such a situation arises, seeking assistance from your lawyer is recommended.
Can I still have contact with my child if my spouse has sole custody?
Yes, in most circumstances, even when a parent is granted sole custody. While the parent with sole custody has the right to house the child and make decisions, the non-custodial parent typically retains visitation and access rights. These arrangements need to be agreed upon between both parents.
Do mothers always get custody of the child?
No, child custody is not automatically awarded to mothers. The determination of child custody is based on what is deemed to be in the best interest of the child, and this decision depends on the specific circumstances of each family.
Do I still need to pay child support if I have 50% custody of our child?
Child support may still be applicable even with split custody. Payments are determined by the Child Support Guidelines, and if you have more than 40% custody, you can seek a reduction in child support.
Can my abusive or unfit spouse be granted custody or access to our child?
A spouse can be deemed unfit for custody if they have a history of physical or mental abuse, neglect, or an inability to provide proper care for the child. In such cases, an unfit parent is unlikely to be awarded custody, and the court may consider the other parent or a close relative as a suitable custodian.
Is there anything I can do to prevent custody or access for an unfit spouse?
If your spouse is deemed unfit, you can present evidence of their unsuitability in court. Courts prioritize the best interests of the child, and if a parent is found to be unfit, custody and access may be denied. It's crucial to provide relevant evidence and work with legal professionals to present your case
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