No one starts off planning to get a divorce, but when it happens, the custody of the children often becomes one of the most contentious issues. If you are in the midst of a separation or divorce and have children, it is important to understand family law and Canada’s child custody laws. This article will provide an overview of joint custody, sole custody, and access rights in Canada. It will also discuss what factors the court will consider when making a child custody decision. Read on to learn more!
What is Joint Custody in Canada?
Joint custody means that both parents share the responsibility for making decisions about the child’s welfare, including health care, education, housing, and religious upbringing. In joint custody arrangements, the child will typically live with one parent most of the time but will also spend significant time with the other parent.
What is Sole Custody in Canada?
Sole custody means that one parent has the primary responsibility for making decisions about the child’s welfare. The child will typically live with that parent most of the time but may have regular visitation with the other parent. Sole custody arrangements can be either sole legal custody or sole physical custody, or both.
What are Access Rights in Canada?
Access rights are the rights of a non-custodial parent, allowing them to spend some time with their child. In most cases, access rights are granted to the non-custodial parent by court order. However, access rights can also be negotiated between the parents as part of a custody agreement. Access rights typically include regular visitation but may also allow for vacation time, holidays, and other special occasions.
What Factors Does the Court Consider When Making a Child Custody Decision?
When making a child custody decision, the court will consider a number of factors, including the child’s age, the child’s relationship with each parent, the parenting abilities of each parent, and the child’s own wishes (if the child is old enough to express a meaningful preference). The court will also consider any history of abuse or violence in the family.
Can Child Custody Orders be Changed?
Child custody orders can be changed, but it is not easy to do. The court will only consider changing a custody order if there has been a material change in the circumstances of the child or the parents since the original order was made. For example, a change in the parenting abilities of one of the parents or a change in the child’s living situation might be grounds for changing a custody order.
If you are going through a divorce or separation and have questions about child custody, it is important to speak to a lawyer. A lawyer who is an expert in family law can help you understand your rights and options and can assist you in negotiating an agreement with the other parent. If necessary, a lawyer can also represent you in court.
Nanda & Associate Lawyers is a full-service law firm that provides legal services to individuals and families in the Greater Toronto Area. The firm specializes in family law and offers a wide range of services, including divorce, child custody, and mediation. The team at Nanda & Associate Lawyers is dedicated to providing clients with the best possible outcome in their legal matters. We understand the importance of family law matters and will work diligently to ensure that your rights are protected. If you are seeking legal assistance in a family law matter, we encourage you to contact us today.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
