07 Dec Child Custody Laws in Ontario
Child custody and access is a pivotal part of separation and divorce proceedings. Ensuring that a child or children’s best interests are addressed and maintained are a judge’s priority in family law cases.
At Vandeputte Law, we have years of experience working with child custody laws in Ontario to ensure family law matters can be resolved to provide children with the best environment possible.
Child Custody Options and Terms
The governing principle in judges’ orders regarding children, including custody and access, is the children’s best interests. Section 24 of the Children’s Law Reform Act sets out a list of factors to be considered in determining best interests, including the child’s emotional ties and the child’s views and preferences.
Custody refers to major decision-making, including decisions about religion, health and education. Custody orders can include:
- Sole custody – where one parent is responsible for decision-making;
- Joint custody – where the parents make decisions together; and
- Parallel parenting – where the parents are each responsible for different heads of decision-making, such as one parent is responsible for decisions regarding health and education and the other parent is responsible for religious decisions.
Access refers to actual time the child spends with each parent and can include:
- Primary residence is where the child resides primarily with one parent and secondarily with the other;
- Shared residence is where the child resides with each parent on an equal basis;
- Split custody is where one or some of the children reside with one parent with the other(s) residing with the other;
- Nesting orders are when the children remain in the matrimonial home, and the parents take turns residing there with the children.
Contact Vandeputte Law
If you have further questions about child custody laws in Ontario, the experienced team at Vandeputte Law can help. If have recently separated, it is important that you obtain legal advice to learn your rights and obligations with respect to custody and access. Contact our office today to schedule your free half hour consultation.
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