CHILD ACCESS AND CUSTODY
|
Parental separation is a difficult period for any child to have to go through. Discord and disharmony between parents are most damaging to a child following a separation. As parents we want to ensure that our child is safe and secure and has an opportunity for a happy childhood. The goal of parents going through a separation should be to minimize disruptions to their children's schedule and shield them from conflict as much as possible. Having a lawyer with experience drafting a parenting agreement and managing expectations can make a big difference to ensure your child adapts to the new reality with minimal disruption and trauma.
|
|
Custody decisions are based only upon the best interests of the child. A custody decision requires an appreciation of which parent is better able to assess, understand, ensure and promote the needs of the child. A list of criteria used by the courts to determine an application for custody or access can be found at s. 24(2) of the Children's Law Reform Act of Ontario.
Rather than focusing on which parent should have custody, a preferable approach would be to create an arrangement that will best meet the needs of the child. For a good discussion of the requirement to focus on the needs of the child, rather than a zero-sum game between parents excerting control see Cox v. Down, [2002] OJ No. 2762, aff. [2003] OJ No. 4371.
Giving "sole custody" to one parent gives these powers to that parent to the exclusion of the other. An award of custody comes with responsibility. This may include facilitation access between the child and the other parent, and providing information about the health, education and welfare of the child to the other parent as necessary.
Shared custody requires consultation and consensus between parents when making the major decisions in a child's life. While joint custody is often desirable, it requires a willingness by both parents to cooperate to ensure the success of the arrangement. Such a willingness must be sincere and genuine. A joint custody arrangement that will lead to disagreement and conflict will not be in anyone's interests.
As modern families move away from traditional roles, the courts should recognize that the involvement of both parents is essential to the healthy upbringing of the child. Stereotypical assumptions should have no role to play in deciding who is the better custodial parent. A parenting arrangement must respect the unique and invaluable role each parent plays in the development of the child.
A separation is a stressful period. This stress will cause a disruption to your child. Retaining a lawyer early on can help resolve conflict and focus both parents attention back on their children's best interests, rather than managing disputes. A custody battle in the court system can devastate children and have a disastrous effect on finances. Please contact me for more information: [email protected].
Rather than focusing on which parent should have custody, a preferable approach would be to create an arrangement that will best meet the needs of the child. For a good discussion of the requirement to focus on the needs of the child, rather than a zero-sum game between parents excerting control see Cox v. Down, [2002] OJ No. 2762, aff. [2003] OJ No. 4371.
Giving "sole custody" to one parent gives these powers to that parent to the exclusion of the other. An award of custody comes with responsibility. This may include facilitation access between the child and the other parent, and providing information about the health, education and welfare of the child to the other parent as necessary.
Shared custody requires consultation and consensus between parents when making the major decisions in a child's life. While joint custody is often desirable, it requires a willingness by both parents to cooperate to ensure the success of the arrangement. Such a willingness must be sincere and genuine. A joint custody arrangement that will lead to disagreement and conflict will not be in anyone's interests.
As modern families move away from traditional roles, the courts should recognize that the involvement of both parents is essential to the healthy upbringing of the child. Stereotypical assumptions should have no role to play in deciding who is the better custodial parent. A parenting arrangement must respect the unique and invaluable role each parent plays in the development of the child.
A separation is a stressful period. This stress will cause a disruption to your child. Retaining a lawyer early on can help resolve conflict and focus both parents attention back on their children's best interests, rather than managing disputes. A custody battle in the court system can devastate children and have a disastrous effect on finances. Please contact me for more information: [email protected].