Navigating child custody laws in Ontario is not easy. Understanding how custody is determined, what kind of arrangements there are, and what factors courts consider can help you prepare for the process.
Sole Custody – One parent has full decision-making over the child. The other parent can still have access rights, however.
Joint Custody – Both parents share decision-making responsibilities, even if the child resides with one parent more.
Shared Custody – The child spends at least 40% of their time with each parent. Importantly, this arrangement type can impact one’s child support obligations.
Split Custody – This unique type of custody only happens with disputes involving multiple children. Some children may reside with one parent while other children with the other parent. This arrangement is rather uncommon.
In Ontario, the courts will primarily consider the best interests of the child. The best interests include a variety of factors:
Parents should create a parenting plan that outlines how they will share custody, decision-making, and parenting time. If there is agreement, the plan can be made formal through an order from the court. In cases of dispute, mediation, arbitration or court may be necessary to establish the arrangement.
Yes. In cases where there is material change in circumstance, such as the relocation of one parent, a significant shift in a parent’s income or ability to care for the child, or the child’s changing needs as they grow, a parent can request a modification for the custody arrangement. A court will review the request to determine if the change is in the child’s best interests.
Understanding Ontario’s child custody laws can help you secure a fair and supportive custody arrangement. INB Family Law LLP has experienced family lawyers ready to help you navigate this challenging process. Book a consultation today.