Child Custody Rights for Ontario

Joint Custody

• Most Ontario courts try to award parents joint custody of their children in the event of divorce. According to this arrangement, both parents have a say in the welfare of their child and have significant financial and emotional input when it comes to where the child will attend school or receive medical care. In order for joint custody to be granted, both parents have to prove that they can be civil with one another and can work together peaceably when making decisions for the child. In some cases, the parents and the judge must sign a parenting agreement outlining the roles of both parents.

Sole Custody and Access

• When the Ontario courts grant one parent sole custody of the child, it means that this parent is responsible for making most or all of the decisions concerning the raising of the child. The other parent is often granted access, or visitation, with the child. Access is the amount of time that a child is permitted to spend with a parent; depending on the circumstances, a child may spend almost equal time with both parents, even if only one parent has custody or decision-making power. Ontario judges try to award children as much visitation time as possible with the noncustodial parent. However, access will be limited if the noncustodial parent has a history of abuse or neglect, or has otherwise proven to be unfit in caring for the child.

Child Custody and Traveling

• If the parent who does not have sole custody of the child wishes to take the child out of Canada for a holiday or vacation, Ontario courts require the parent with sole custody to give written consent to the noncustodial parent. Federal forms must be filled out in this instance; if the custodial parent does not agree to allow the child to travel, the parent who is seeking the consent will have to receive a court order before taking the child out of Canada.