Toronto Child Custody Lawyers: Advocating for Your Parental Rights
Child custody and access arrangements are among the most critical and sensitive aspects of family law. Creating these arrangements to serve the best interests of your children while respecting your parental rights requires skilled legal guidance. At Devry Smith Frank LLP (DSF), our experienced child custody lawyers are dedicated to helping you through these complexities with compassion and expertise. We are committed to achieving outcomes that support the well-being of your children and protect your relationship with them.
Types of Child Custody
In Ontario, there are several types of child custody arrangements that courts may consider, depending on the unique circumstances of each family:
- Sole Custody: One parent has the legal right to make significant decisions about the child’s upbringing, including education, health care, and religious instruction. The child primarily resides with this parent, while the other parent may have access or visitation rights. Sole custody is often granted in situations where one parent is deemed better suited to make these critical decisions due to factors such as the other parent’s absence or inability to provide adequate care.
- Joint Custody: Both parents share the responsibility for making major decisions about the child’s life. This arrangement requires effective communication and cooperation between the parents. The child may live primarily with one parent or split time between both households. Joint custody can be beneficial as it allows the child to maintain a strong relationship with both parents, provided that the parents can work together amicably.
- Shared Custody: This is a form of joint custody where the child spends at least 40% of the time with each parent. Shared custody requires a high level of cooperation and flexibility from both parents to ensure that the child’s needs are met in both homes. Shared custody can provide a balanced environment for the child, offering stability and continuity in both households.
- Split Custody: In cases where there are multiple children, split custody may be an option. Each parent has custody of one or more children, and the children may live separately with each parent. This arrangement is less common and typically used in specific circumstances where it is in the best interests of the children. Split custody can be complex, requiring careful consideration of each child’s unique needs and the overall family dynamic.
Our child custody lawyers at DSF can help you understand these different types of custody and determine which arrangement is most suitable for your family. We work to develop a custody plan that prioritizes your child’s well-being while respecting your parental rights.
Factors Considered in Child Custody Decisions
When determining child custody arrangements, courts in Ontario consider a variety of factors to ensure that the final decision serves the best interests of the child. These factors include:
- The Child’s Needs: The physical, emotional, and psychological needs of the child are paramount. This includes considerations such as the child’s age, health, and any special requirements they may have.
- Parental Ability: The ability of each parent to meet the child’s needs, including providing a stable home environment, is closely examined. This involves assessing each parent’s living situation, employment stability, and overall capability to care for the child.
- Parental Involvement: The level of involvement each parent has had in the child’s life prior to the separation. Courts look favorably upon parents who have been actively engaged in their child’s upbringing.
- Child’s Wishes: Depending on the age and maturity of the child, their own preferences may be taken into account. This is particularly relevant for older children who can express a clear and reasoned preference.
- Sibling Relationships: Maintaining continuity in sibling relationships is important. Courts strive to keep siblings together whenever possible to provide stability and support.
- Cooperation Between Parents: The ability of the parents to communicate and cooperate effectively is crucial, especially in joint or shared custody arrangements. A history of conflict or unwillingness to collaborate can impact the court’s decision.
Developing a Parenting Plan
A well-crafted parenting plan is essential for establishing clear expectations and responsibilities for both parents. This plan should outline key aspects of the child’s care, including detailed information about where the child will live and how time will be shared between parents. It should also provide clarity on how major decisions regarding education, health care, and other significant aspects of the child’s life will be made.
The plan should include guidelines for how parents will communicate with each other about the child, including regular updates and methods for resolving disputes. Additionally, it should specify a visitation schedule outlining when the child will spend time with each parent, including holidays, vacations, and special occasions. Transportation arrangements, detailing how the child will be transported between parents’ homes and to other activities, should also be included.
We have multiple convenient locations in Toronto, Whitby, Barrie, and other areas to better serve our clients. Find the nearest office by calling 416-449-1400 or visiting our locations page. Trust DSF to provide the expertise and support you need to navigate custody agreements effectively.
Child Custody and Access FAQs
A custodial parent is a parent who has decision-making responsibility with respect to the child’s health, religion, and education. In contrast, a non-custodial parent, unless stated otherwise by the courts, has the right to receive information about the child in relation to their health, education, and activities. However, unless a court orders otherwise, non-custodial parents do not have the right to be consulted or participate in decision-making regarding the child.
If you want to change an existing custody arrangement, then you have to apply to the courts to “vary” the order. If you are not married or in the process of a divorce, then the Children’s Law Reform Act applies to your matter. Under section 29 of the CLRA, a parenting or contact order will not be varied “unless there has been a material change in circumstances that affects or is likely to affect the best interests of the child.” If you are applying for a divorce and your matter is governed by the Divorce Act, subsection 17(5) of the Act likewise requires that “there has been a change in circumstances of the child” since the previous order.
A change in circumstances is a high threshold to meet. The Supreme Court of Canada in Gordon v Goertz set out the test for determining a “material change” as follows:
- a change in the condition, means, needs, or circumstances of the child or the ability of the parents to meet those needs;
- the change must materially affect the child; and
- the change was either not foreseen or could not have been reasonably contemplated by the judge who made the initial order.
Moreover, you must show that the variation of the existing custody agreement is in the best interests of the child.
Section 20(4) of the Children Law’s Reform Act states that when the parents of a child do not live together, and the child lives with one parent with the consent of the other parent, explicit or implied, then that parent has custody, unless a court order states otherwise. By default, the parent who does not live with the child has access rights; however, they do not have decision-making responsibility until a separation or parenting agreement or court order provides otherwise. Custody and access arrangements can also be agreed upon between parties via a separation or parenting agreement, in which case no court order is required.
It depends on the circumstances of the child and their parent’s relationship. Joint custody arrangements, in which parents share parenting time and decision-making responsibility, can be used if parents are able to cooperate and agree on matters related to their children. However, this arrangement rarely works in high conflict cases where parents are unable to cooperate without court involvement.
In contrast, sole custody arrangements, in which one parent has primary care of the child and the final say in decisions, can be best in other situations, such as ones involving domestic abuse or when parents are unable to cooperate.
No. Even if you are the custodial parent, you cannot deny access to the non-custodial parent, unless a court grants you the authority to do so or there are exceptional circumstances. For instance, you may be justified in denying access to a non-custodial parent if the parent presents a risk to the child, such as if they are abusive, do not have adequate accommodation for the child, or are intoxicated. However, if you deny your child’s other parent access without justification, then that parent has the right to bring an application to the courts, which may result in consequences for you, such as having to pay their legal costs or being found in contempt if denying access amounts to defying a court order.
No; it is the responsibility of the custodial parent who has primary care of the child to ensure that access arrangements mandated by courts are adhered to. This may mean speaking to the child about their concerns, communicating with the other parents regarding the child’s wishes, and offering incentives to see the other parent. If a custodial parent feels as if there is a legitimate reason to change an access order, then it is their responsibility to apply to the courts to do so.
However, the age of the child is also relevant. When determining what is in the best interests of a child, a child’s own views and preferences become increasingly determinative as the child gets older. Moreover, practically speaking, it will be difficult to force an older teenager to see a parent if they refuse.
