Child custody is one of the major issues in family law, and lawyers receive thousands of cases every year where they are entrusted to secure child custody for a parent. Apart from the court proceedings, child custody is highly dependent on the law of the country the case takes place.
This blog provides a comprehensive examination of child custody laws in Canada and how parents can navigate these laws to secure the custodial arrangement they wish for.
Best Interests of the Child: The Main Principle
In Canada, the principle guiding all child custody decisions is the “best interests of the child.” This means that any arrangement, whether made through a parenting agreement or determined by a court, must prioritize the child’s well-being above all else.
Focus on Shared Parenting
Since the Divorce Act was enforced on March 1, 2021, Canadian law has shifted towards a focus on shared parenting when determining custody arrangements. This means that both parents are presumed to have an equal right and responsibility to participate in the upbringing of their children. While sole custody arrangements may still be ordered in certain circumstances, the courts will prioritize arrangements that maximize a child’s time with both parents unless it is not in the child’s best interests.
Parenting Responsibilities and Parenting Time
The terms “custody” and “access” are no longer used in Canadian law. Instead, the focus is on “parenting responsibilities” and “parenting time.” Parenting responsibilities encompass all aspects of a child’s upbringing, including decisions about education, healthcare, and religion. Parenting time refers to the time a child spends with each parent.
Factors Considered in Determining Parenting Arrangements
When determining parenting arrangements, the courts will consider a variety of factors, including:
- The child’s age and needs
- The child’s relationship with each parent
- Parent’s ability to provide care and support for the child
- The parent’s living arrangements
- Cultural, linguistic, and spiritual upbringing
- The parent’s mental and physical health
- Any family violence or abuse
Parenting Agreements and Court Orders
Parents can reach parenting agreements outside of court, outlining their respective responsibilities and parenting time. These agreements can be formal or informal, but it is highly recommended to have them reviewed by a lawyer to ensure they are enforceable. If parents cannot reach an agreement on their own, they may apply to court for a parenting order.
Final Thoughts
Understanding Canada’s child custody laws can empower you to make informed decisions and advocate for your child’s best interests. Throughout the process, it is essential to prioritize your child’s and also secure the services of a family lawyer who understands your unique situation and works for the best possible solution.
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Prioritize peace for your children. Nanda & Associate Lawyer is a leading law firm that specializes in family law and guides you through issues such as divorce, child custody, and more. Protect your family. Choose expert family lawyers. Call today at our Ontario office for more details.
