Custody and Access

In Ontario, child custody decisions in family law and divorce proceedings include the child's residence, time spent with each parent, child's education, medical attention, religion and upbringing. In making a child custody decision, the courts will take into consideration the following:

• The relationship between the parent and child(ren) and family members who live with the child(ren);
• The stability of the child(ren)'s home environment;
• The opinion and preference of the child(ren) depending on their age;
• The ability of each parent to provide the necessities of life for the child(ren), including education.

In Ontario, there are now five possible child custody arrangements: 

Shared Custody

Shared custody happens when each parent has the child(ren) at least 40% of the time. Shared custody relationships can have an impact on child support, as they are treated differently under the Child Support Guidelines.

Joint Custody 

Parents who have joint custody share the rights and responsibilities of the upbringing of the child(ren). Courts are hesitant to order joint custody if the parents do not have a cooperative relationship.

Sole Custody

Child(ren) lives with the custodial parent for the majority of time. The custodial parent has the legal right to make all the major decisions in regards to the child's upbringing.

Split Custody

Both parents have sole custody of one or more of the children. For example, sons of the marriage may live with the mother and daughters of the marriage reside with the father.

Access

A parent who is granted access is entitled to spend time with his or her child(ren) during the week, on weekends, and during the school holidays.

For more information kindly contact us for a consultation with a Specialist Family Lawyer.