Child custody & access in ottawa

When spouses decide to end their marriage, one of the most stressful decisions they must make is the parenting schedule and decision-making responsibility (historically referred to as child custody) of the kids. The divorcing couple must determine who will make decisions about the child and who will live with them, which can make divorce proceedings very heated. Determining child custody and access can be a complex matter as it is often accompanied by a divorce or separation agreement. Each child custody case is unique, requiring tailored legal strategies to ensure the best outcomes for the family. Experienced child custody lawyers can provide the necessary legal strategies to ensure the best outcomes for the family. If you are facing a divorce, contact an Ottawa Child Custody Lawyer today to learn more about your legal options and responsibilities regarding child decision-making responsibility and custody.
How Can We Help
- Negotiate and draft parenting plans.
- Travel consent forms.
- Sole and joint-decision making authority analysis.
- Mediation.
- Court litigation.
How does Child Decision-Making Responsibility work in Ontario?
Contrary to what most people believe, child custody does not refer to a parent’s time with a child but rather establishes who has authority to make major decisions concerning the child’s care, such as those relating to:
- Education
- Health
- Place of residence
- Religion
- Extra-curricular activities
These responsibilities are governed by the Children’s Law Reform Act, which establishes parental rights and responsibilities during separation or divorce.
If a parent is given custody of a child – called a custodial parent – they have the decision-making power if there is ever an agreement on important matters such as the ones described above.
It is important to note that most countries, including Canada, have or are revising the term ‘custody’ as used in family law because it is considered polarizing.
The Child’s Best Interest and Child Support in Ontario
According to statistics compiled by the Government of Canada, only 1 in 4 child custody disputes go to court. Typically, divorcing parents discuss support, property distribution, child support, and custody issues.
When it comes to child decision-making authority and custody, the court will always act in the child’s best interests. The court will usually consider the following circumstances:
- The relationship between each parent and the child
- The child’s preferences (when reasonable determination is possible)
- Each parent’s ability to provide a stable life for the child
- How long the child has lived in a particular environment
- Each parent’s care plan for the child
- Each parent’s ability to provide a stable and permanent home for the child
The court may ask the parents to provide evidence relating to these points when determining custody. Canadian law can be complex when it comes to these issues, as physical custody and legal custody issues are often intertwined. This is one area where the legal services of an Ottawa Divorce Lawyer will be instrumental. Consulting an experienced child custody lawyer can provide crucial advocacy for a parent’s interests, especially in complex situations.
Divorce Act Changes Regarding Child Custody in Canada
As noted, many jurisdictions are changing polarizing terms used in family law. Canada made this change on March 1, 2021, by updating two terms in the federal Divorce Act. They now use ‘decision-making responsibility’ instead of ‘custody’ and ‘contact and parenting time’ in place of ‘parenting time’ and ‘access’. Serious parental issues, such as mental illness, can also influence these decisions, potentially leading to one parent being granted sole custody.
Decision-Making Responsibility
This gives you the power to make important decisions about your child, keep them in your care during specified times in the judgment, and stay informed about their well-being.
Parenting Time
This refers to the time the child is in your care, either in your presence or when they are away, like when they go to school.
Maintaining relationships with other family members, such as grandparents, is also crucial for the child’s well-being.
Child Support and Family Law
Child support is a critical aspect of family law, and it’s essential to understand how it works. In Ontario, child support is governed by the Federal Child Support Guidelines, which provide a framework for determining the amount of child support that one parent must pay to the other. The guidelines take into account the income of both parents, as well as the number of children involved, ensuring that the child’s financial needs are met.
In addition to child support, family law also deals with other important issues, such as custody and access, property division, and spousal support. Navigating these complex issues can be challenging, which is why it’s essential to work with an experienced family law lawyer. They can help you understand your rights and responsibilities, negotiate fair agreements, and represent your interests in court if necessary. By working with a knowledgeable lawyer, you can ensure that your family’s needs are met and that your legal rights are protected.
Choosing the Right Child Custody Lawyer
Choosing the right child custody lawyer is crucial for parents who are separating or divorcing. An experienced child custody lawyer can help parents navigate the legal process, negotiate a custody agreement, and advocate for their rights and interests.
When selecting a child custody lawyer, consider the following factors:
- Experience: Look for a lawyer with extensive experience in family law and child custody cases.
- Knowledge: Ensure the lawyer is well-versed in the Children’s Law Reform Act and the Divorce Act.
- Communication: Choose a lawyer who is a good communicator and can explain complex legal concepts clearly and concisely.
- Approach: Consider a lawyer who takes a collaborative approach to child custody cases, as this can help reduce conflict and promote cooperation between parents.
By choosing the right child custody lawyer, parents can ensure that their rights and interests are protected, and that their child’s best interests are prioritized. An experienced child custody lawyer can provide the necessary guidance and support to navigate the complexities of the legal process, helping to achieve the best possible outcome for the family.
Talk to an Ottawa Child Custody Lawyer Today
RPB Family Law, an Ottawa-based family law firm, is dedicated to helping families find the best solutions to their problems. Choosing the right child custody lawyers is crucial for parents who are separating or divorcing. From divorce cases to child custody agreements, we approach every case with compassion and an open mind because we know that every family is different. Our services also include expertise in resolving disputes related to net family property during the equalization process.
Our attorneys are highly experienced in all areas of Family Law in Ottawa and are willing to help you through any process. Contact us today at (613) 216-5044 to schedule a consultation with an experienced Ottawa Divorce Lawyer to discuss your case.
Talk to an Ottawa Divorce Lawyer Today
RPB Family Law, an Ottawa-based family law firm, is dedicated to helping families find the best solutions to their problems. From divorce cases to child custody agreements, we approach every case with compassion and an open mind because we know that every family is different.
Our attorneys are highly experienced in all areas of Family Law in Ottawa and are willing to help you through any process. Contact us today at (613) 216-5044 to schedule a consultation with an experienced Ottawa Divorce Lawyer to discuss your case.