Child Custody And Access

Going into child custody discussions, you may have questions like:

• Does a history of substance abuse or marital abuse guarantee sole custody?
• Do the children get to choose whom they want to live with?
• Do the children have to appear in court?
• What happens if my former spouse or I want to move?
• What if we are a blended family?

These are all very common questions and we will happily sit down with you to address every aspect.

Decisions around child custody are crucially important for a young person’s future. They determine where a child will live and who has the right to make important decisions about their care, education, potential religious instruction and general welfare.

Some of the different custody arrangements you may be facing include:

• Sole Custody: The children will usually live with you and you make the bulk of the decisions.
• Joint Custody: Parents share the right to make important decisions about their care. The children will split time between the two parents.
• Access: If you do not have custody of your children, you have a right to spend time with them unless the court decides that this is not in their best interests.
• Supervised Access: If there are concerns for the safety of the children, an agreement can require that someone else be present during visits with the children.

Child access violation issues can take many forms. One parent may complain that:

• The other parent isn’t showing up for visits
• The other parent is spending more time on visits than the agreement allows
• The other parent is creating barriers or making it too difficult to spend time with the children.
• In any case, you need to work with a reputable family law firm with a history of working with caring parents toward favourable outcomes.

In Ontario, there are 4 basic types of custody:

• Sole Custody: The children will usually live with you and you make the bulk of the decisions.
• Joint Custody: Parents share the right to make important decisions about their care. The children will split time between the two parents.
• Access: If you do not have custody of your children, you have a right to spend time with them unless the court decides that this is not in their best interests.
• Supervised Access: If there are concerns for the safety of the children, an agreement can require that someone else be present during visits with the children.

Any violation (without prior permission or discussion with the other parent) to the terms set out in any of these arrangements is a very serious matter. You have the right to speak to a family lawyer to bring these violations before a court of law and possibly have your arrangement altered or sternly enforced.

If you need a family lawyer and want to discuss your child custody and access options, don’t hesitate to contact any of our offices located in Burlington, Oakville, Milton and Mississauga.