Child Custody Lawyer 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. 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. Instead, it establishes who has authority to make major decisions concerning the child, such as those relating to:

• Education
• Health
• Place of residence
• Religion
• Extra-curricular activities

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 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.

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’.

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.

Talk to an Ottawa Child Custody Lawyer Today

Family Law in Ottawa can be complex, especially when it comes to matters of child custody. If you are going through a divorce or separation agreement, having an experienced Ottawa Child Custody Lawyer representing you can make all the difference for you and your child.

At RPB Family Law, we are dedicated to helping you make the best out of your divorce by protecting your rights and guiding you through the legal process. Contact us online or call us at 613-216-5044 today to schedule a consultation with an experienced attorney and discuss your legal rights and options.