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Posts from the ‘Child Custody’ Category

I’m afraid someone else may try to claim custody of my child. Is that possible?

In determining who gets custody of a child, the court considers the child’s “best interests”. Most often, the court will decide that it is in the child’s best interests to remain in the custody of one or both of their parents. Canadian law outlines that whenever possible, it is in the best interests of a child to reside with one of their parents.

In certain situations a child may be removed from the care of their parents, such as if they have acted poorly or neglected their child. In these cases,... MORE »

Can somebody who is not a parent get custody of a child?

Usually parents will have the best claim for custody of their child, however there are cases where somebody who is not a parent may be able to get custody of a child. The court will always consider what is in the “best interests” of the child, but our government has created laws which say that it is in the best interests of children to live with their parents wherever possible.

Another person may be able to get custody of a child where there is very bad behavior displayed by both parents... MORE »

What does joint custody actually mean?

Joint custody is a broad term which in legal terms means that both parents must agree on major decisions which affect their child. Neither parent is allowed to decide on child related matters unilaterally without consulting the other parent. If there is a disagreement they must work together to solve the problem otherwise they may find themselves back in court.

Sometimes parents are unable to agree on anything, and this may result in a court making an order for sole custody. Joint custody only works when both parents are willing to... MORE »

What is the best way to create a parenting plan?

Often parents cannot agree on a parenting plan or just don’t know how to put one together. This can result with both parents in front of a judge. Less extreme help is available.

Some good options for parents to consider include the assistance of lawyers, of a mediator or of a parenting coordinator.

Family lawyers are very practiced in putting together a parenting plan. Usually this can be accomplished in a single meeting where all the parties sit down together and the lawyers help come up with a plan that works for... MORE »

If I have not seen my children in some time can I begin visiting them?

This will depend on the age of the children, the amount of time it has been since you saw the children and the circumstances which caused you to not be able to see the children. With younger children if there was some reason, for example drug use or imprisonment that caused you to be unable to see your children and you have reformed then you can usually receive some access to the children.

If your spouse will not agree to provide you with any access and you believe you have reformed... MORE »