Child Custody and Access Resources
When you separate from your partner, you must decide on how the children will be cared for and how parenting will be shared.
If you need support and assistance in deciding how child custody should be shared, you may benefit from our team of divorce and separation mediators and lawyers. This can help protect the needs of your children, ensure that the divorce has the least possible negative impact on their wellbeing and potentially avoid stressful custody battles.
What is Child Custody?
When a person has custody of a child, they are responsible for that child on a daily basis and make the major decisions regarding that child. Both mother and father have the right to custody of the child.
If the parents cannot decide who should have custody of the child, the court has the power to decide whether one person should have custody or if it should be shared. This will always be carried out with the child’s best interests in mind.
Note that custody and access are not the same thing.
What is Access?
A parent who is granted access has the right to visit the child and ask for information regarding their health, education or wellbeing. It’s the child’s right to have a relationship with both parents therefore a judge may decide that the spouse without access can visit.
An access order explains the details of this arrangement including when, where and for how long the visits can take place as well as any other details. When parents reach an agreement outside of the court, the terms can be more flexible. This is often known as ‘reasonable access’.
Federal information
- Child custody and access (Family Law Education for Women)
- Custody and parenting (Department of Justice—federal)
- The Voice of the Child in Separation/Divorce Mediation and Other Alternative Dispute Resolution Processes: A Literature Review (Department of Justice—federal)
Provincial information
- Child custody, access, and parenting plans (Community Legal Education Ontario)
- Children’s Law Reform Act (Government of Ontario)
- The Office of the Children’s Lawyer (Ontario Ministry of the Attorney General)
Contact Clarity Divorce Centre for help
If you need help or advice reaching a custody agreement or supporting the needs of your children through a divorce, contact us today on (343) 887-5053 (Gloucester) or (343) 887-5053 (Kanata).