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Facts About Child Custody in Ontario – How is it determined?

How Our Child Custody Legal Team Can Help

Child Custody in Ontario

Disputes regarding child custody in Ontario are resolved in accordance with the Children’s Law Reform Act. Under the Children’s Law Reform Act both parents are entitled to custody of the child on an equal basis until separation. When determining who will have custody of the child after separation, the court only considers the best interest of the child, and they will take into account:

  • Emotional ties – the affection and love between the child and each person or parent claiming custody;
  • The child’s preferences – The views of the child (if it’s possible to ascertain);
  • Stability of the home environment – How long has the child lived in a stable, steady home atmosphere.
  • The plans for the child's care and upbringing – How does each individual applying for access to or custody of the child plan to care for and raise the child?
  • Plans to provide the child with education, guidance, and the necessities of life – The willingness and ability of each individual applying for custody to give the child guidance and education, provide for the necessities of life, and take care of any of the child's other needs.
  • The parenting ability – of each individual applying for custody.
  • Family relationship – Whether each person applying for custody is related to the child by blood or adoption.

Child Custody and Visitation

The Divorce Act makes it clear that the custody order should make sure the child has contact with each parent or spouse, at a level that is in the best interest of the child. In cases involving child custody in Ontario, parents are often concerned with how to win custody of a child. Each spouse's willingness to permit contact between the other spouse and the child will be considered, and efforts by either spouse to block the other from seeing the child will be viewed in an unfavorable light as the court contemplates the custody order.

Types of Child Custody

The court may award sole custody or shared custody (otherwise known as joint custody or split custody).  With sole custody, one parent has legal physical custody and parental responsibility for the care of the child, as well as control of the upbringing and education of the child.

At Nzemeke Law Office, we are experienced in divorce and Ontario child custody law matters, as well as parental visitation rights and child support. Contact us today to arrange a free consultation.

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