Custody

Custody

Custody & Access are concepts that are used in the Divorce Act (Canada), a law that was passed by the Federal Government. The “best interests” of the child(ren) is the principal factor the courts consider when making orders for custody and access.

Custody relates to where your child(ren) resides and the allocation of rights and responsibilities to make decisions about your child(ren). There are 4 categories of custody:

  • Sole – the children live primarily with this parent, who also has all of the decision making rights and responsibilities
  • Joint – the children live with both parents on a somewhat equal basis, and both parents have equal decision making rights and responsibilities
  • Shared – the children live with one parent at least 40% of the time, and both parents  have shared rights and responsibilities
  • Split – where the children are split up and some residing at one home and others at the other parent’s home.

Access relates to a parent’s time with their child. For someone who has sole custody, the other parent is often awarded access to the child on a set schedule, with the off days being with the custodial parent. In cases of Joint and Shared Custody arrangements, the access schedules can be more flexible, depending on the circumstances. However, in high conflict matters, a set schedule is widely used. Whatever the case may be, access is awarded at such times the court deems appropriate in the child(ren)’s best interests.

Applications for custody & access orders are commenced and sought in the Supreme Court.

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