Ontario Child Custody Lawyers

Each parent has an equal right and obligation to participate in the rearing of the Ontario Child Custody Lawyers when two people have a child together. Whether or not the parties are married, they both have an equal right to decide what their kid will be given and how they will raise it.

Ontario Child Custody Lawyers

Parents often share the responsibility for making decisions in a two-parent, intact household. However, when parents split, they must decide how to divide or share their own parental rights and duties. In other words, separated parents must organize for parenting time.

You need an experienced Ontario child custody attorney if you’re divorced or separating to ensure that your parental rights are upheld. In Toronto, Mississauga, Markham, and other cities, Feldstein Family Law Group P.C. has been practicing family law and divorce in Oakville, Vaughan, and throughout Ontario since 1994, and we have the expertise you need to successfully protect your rights and interests.

While the conventional words “custody” and “access” are still used under the Children’s Law Reform Act, the Divorce Act has been changed to replace them with references to “parenting time” and “decision-making duty” as of July 1, 2020.

Knowing which act would apply in your scenario is crucial. Which Act will apply to your specific circumstance depends on your marital status.

Consequently, if you and your ex-spouse/partner are still legally married and have chosen not to pursue a divorce but are now cohabitating as a common law couple, under the Children’s Law Reform Act,, R.S.O. 1990, c. C.12, as not cohabitating but having a kid together,

However, the Divorce Act, R.S.C. 1985, c. 3, will be applicable if you are legally married and seeking a divorce or have previously received one.

Children’s Law Reform Act

What is custody?

The right to make significant choices concerning a child’s care and upbringing is known as custody. Decision-making authority over the child’s religion, educational and extracurricular activities, and medical care is part of custody.

Sole custody, shared custody, divided custody, and joint custody are a few different forms of custody.

Solitary Custody

When one parent has exclusive legal and/or physical custody of a child, that parent is the only one with the obligation and power to make independent, significant choices regarding the child’s upbringing and care. The parent with single custody often has primary custody of the child.

When there is severe family conflict, there are worries about abuse, violence, drug or alcohol misuse, or there are mental health problems, only one parent frequently has the power to make decisions.disease or shown bad judgment. A single custody arrangement aids in easing worries or reducing hazards in the child’s life.

Joint Custody

When separated parents can agree on important decisions impacting their child’s upbringing and have little to no doubt in each other’s judgment, they may choose joint custody.

In Ontario, shared custody refers to situations where parents who don’t live together share parenting duties and rights. Legally speaking, both parents have an equal voice in the significant choices that may influence their child under this custody arrangement. Neither parent has the authority to make exclusive custody decisions for the child.

With shared custody, it is expected that the parents can agree on choices or that one can submit to the other’s opinion.

When there is little dispute between the parents, joint custody can be successful. because it encourages the parents to keep a positive connection. If there is a little bit of tension between the parents but they are able to handle it maturely, joint custody may also be an option.

Ontario Child Custody Lawyers
Ontario Child Custody Lawyers

One widespread misconception concerning shared custody is that it also entails equal access for both parents. The opposite is not always true. When parents share custody of a child, the youngster may live with one parent primarily or with both parents equally.

Nevertheless, joint custody simply affects which parent has the right to make decisions; it has little bearing on how much time the kids spend with each parent.

Shared Custody

Shared custody, as opposed to other custody arrangements, refers to how much time the child spends with each parent for the purpose of calculating each parent’s individual child support obligation. A kid has shared custody if they spend at least 40% of the time with each parent, according to the Kid Support Guidelines. Weekends, overnights, and portions of vacations can all count toward 40% of the time.

Shared Custody

Split custody is a different kind of custody arrangement, although it is not very frequent. This occurs when a couple has many children and one or more of those children lives primarily with each parent.

Describe Access.

When one parent receives primary custody of the children, the other parent often receives joint custody.

Ontario Child Custody Lawyers

right of entry. Visitation is another name for this.

Additionally, if a child has joint custody with both parents but lives primarily with one parent, the other parent is given access to the child.

Depending on what is best for the kid, access visits may be either unsupervised or supervised. Access is most frequently unattended. The access parent receives the Ontario Child Custody Lawyers at this location, and nobody else is required to be present during their time together.

A common access schedule entails the kid being with the parent who does not have primary custody and control of the child on alternating weekends and one to two evenings or nights per week.

The access parent will typically additionally share all holidays, such as long weekends and statutory holidays, winter and spring breaks, and summer vacations.

Custody vs. Access in Canada

There are a lot of things you and your ex-spouse or partner need to think about and settle after deciding to split or divorce.

If you have kids, you’ll need to decide how to handle their custody and upbringing. Whether you are legally married or cohabiting as a common-law couple, you will need to make these choices.

You will either be granted custody of your children as separated or divorced parents or visitation rights.

The primary distinction between custody and access is that, as the custodial parent, you often have the authority to make significant choices regarding your child’s care and development with regard to:

Religion, educational institutions, and schools, as well as medical care

On the other hand, if you are just given access privileges, you have the following rights as the non-custodial parent:

Visit your youngster, and andOntario Child Custody Lawyers

Inquire about your child’s health, education, and welfare by speaking to the custodial parent, their teacher, doctor, daycare provider, etc.

It is crucial to remember that, as an access parent, you lack the power to decide on anything crucial pertaining to your child’s upbringing. If you and your ex-spouse or partner disagree, the custodial parent will have the last say in the matter.

However, before making any final “critical” choices about your case, the custodial parent must still speak with the access parent first.

Divorce Act

What is parenting time?

Parenting time is the time when a person is largely in charge of an Ontario child custody lawyer, including while the youngster is in daycare or school. During their parenting time, each couple has the exclusive ability to make choices that will effect their child on a daily basis.

Section 16.2(1) of the Divorce Act allows for the allocation of parenting time on a schedule, which may be useful in highly contentious circumstances.

The key issue is the child’s physical, emotional, and psychological safety, security, and well-being rather than equal parenting time, as it is with decisions involving decision-making responsibility and contact.

What is the responsibility for making decisions?

Making critical decisions concerning a child’s health, education, culture, language, religion, and spirituality falls under the category of decision-making responsibility.

and noteworthy extracurricular pursuits.

Decision-making obligations can be divided between spouses or given to only one spouse, another person who is acting as a parent now or plans to act in that capacity, or both, in accordance with Section 16.3 of the Divorce Act.

Anyone with decision-making authority must consider the child’s best interests when making pertinent judgments.

When imposing joint decision-making authority is not appropriate, courts might instead assign certain decision-making tasks to each parent individually.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top