No aspect of family law is as impactful as child custody arrangements. While resolving decision-making rights around important matters including health and education, negotiating parenting schedules, and managing complex issues such as relocation rights, it’s important to ensure that children feel stable and secure during this time.
What is custody?
Custody is now called decision-making responsibility, which means determining how significant decisions about a child’s wellbeing will be made. This spans a variety of important matters, including their health, education, culture, language, and religion/spirituality. It’s important to note that custody does not refer to where a child lives.
What are the types of custody?
The main types of custody in Ontario are:
- Joint: Both parents hold decision-making responsibility.
- Sole: One parent holds decision-making responsibility and the children reside with that parent (with access visitation rights for the other).
- Split: Each parent holds decision-making responsibility for one or more children – an agreement advisable only in certain circumstances.
At LLDG, we will help you determine the arrangement that best suits your family.
What is access or visitation?
Both access or visitation are now referred to as “parenting time”. This is the time a child spends in the care of a parent. When parents separate, they often establish a time schedule to determine when each is responsible for taking care of the child.
What is custody vs. access in Ontario?
Custody relates to making significant decisions about a child’s wellbeing, whereas access or visitation relates to the time a child spends in the care of a parent. As above, the latter is now known as “parenting time.”
For a custody dispute, how much will it cost?
Legal fees that stem from conflict about parenting issues depend on the nature of your situation, and the type of proceedings. Sometimes, it’s possible to resolve parenting issues through negotiation or mediation, which minimizes cost. Other times, parents may need to go to court to resolve disputes. At LLDG, we aim to avoid court where possible to achieve a peaceful outcome – negotiation instead of litigation.
Who is most likely to get custody of a child in Ontario?
As each situation is unique, there is no one parent who is more likely to be awarded decision-making responsibility for a child. Your family’s case is determined based on the best interests of the specific children in question, influenced by many factors including emotional ties, relationships, proposed plans – and what your children prefer.
(The Government of Ontario details more here.)
What if one parent wants to move away?
Relocation can be an intricate issue to manage, as parental rights here are complex – and what happens can significantly impact the child’s relationship with the other parent. If either parent is considering a move, we will help you navigate any disputes involved.