Child Custody
Child custody in Canada refers to the legal and practical arrangements made for the care and upbringing of a child when their parents or guardians are separated, divorced, or otherwise unable to provide a stable living environment together. Canadian family law recognizes the best interests of the child as the primary consideration in custody matters. Here are some key aspects of child custody in Canada:
Types of Custody:
Sole Custody: One parent is granted the legal and physical custody of the child, and they are responsible for making major decisions regarding the child’s upbringing, such as education, healthcare, and religion. The other parent typically has visitation rights or access.
Joint Custody: Both parents share the legal custody of the child, which means they make major decisions together. Physical custody may be shared (joint physical custody) or one parent may have primary physical custody while the other has access rights.
Split Custody: In situations with multiple children, the children may be split between the parents, with each parent having custody of one or more children.
Determining Custody:
The best interests of the child are the primary consideration when determining custody arrangements. Factors considered include the child’s age, physical and emotional needs, stability of each parent’s home, and the child’s relationship with each parent.
Parenting Plans and Agreements:
Parents are encouraged to work together to create a parenting plan or custody agreement that outlines how they will share custody, make decisions, and address issues like visitation schedules, holidays, and vacations.
Court Involvement:
If parents cannot reach an agreement, they may need to involve the court. A judge will then make a custody determination based on the best interests of the child.
Child Support:
In Canada, child custody and child support are separate issues. The parent with primary physical custody (or the custodial parent) is typically entitled to receive child support payments from the non-custodial parent to help cover the child’s living expenses.
Modification of Custody Orders:
Custody orders can be modified if circumstances change significantly and it is in the best interests of the child. For example, if one parent relocates or if there are concerns about the child’s safety.
It’s important to note that family law varies by province and territory in Canada, so the specific rules and procedures related to child custody may differ depending on where you live. If you are facing child custody issues, it’s advisable to consult with a family lawyer or seek legal advice to understand your rights and responsibilities within the context of your jurisdiction’s laws. Mr. Behrouz Shafiei member of Law Society of Ontario, Canada is ready to help.
