Child Custody Lawyer Brampton
Child custody and access determine who makes major decisions for a child and how parenting time is shared between parents — questions that often come up during a Divorce or that get set out in a Separation Agreement. Ontario courts decide these matters based solely on the best interests of the child, weighing each parent’s involvement, the child’s emotional and physical well-being, and the parents’ ability to co-operate. These arrangements are closely tied to Child Support, since the parenting schedule directly affects how support is calculated. At Batra Law Offices, our Brampton family law team helps parents with parenting plans, decision-making authority, access schedules, and custody disputes.
Legal Custody vs. Physical Custody in Ontario
Ontario law now separates two concepts that used to fall under one word, “custody.” Decision-making responsibility covers major decisions about a child’s education, religion, and health care, and can be held jointly by both parents or solely by one. Parenting time (formerly “access”) covers where the child lives day to day and the schedule each parent follows. A Child Custody Lawyer Ontario can help you understand which arrangement — sole, joint, or split decision-making — fits your family’s circumstances.
How Courts Decide Custody and Access
Courts generally favour joint decision-making, but may order sole decision-making where there’s a history of family violence or where parents simply can’t co-operate effectively. The court’s only real test is the best interests of the child, considering the child’s needs, each parent’s role in day-to-day caregiving, and the stability each household offers.
Parenting Time and Access
Parenting time sets the schedule for each parent’s involvement in the child’s life, with the goal of maximizing meaningful contact for both parents wherever that serves the child. Even where one parent has sole decision-making, the other typically keeps parenting time and access rights, and the specific schedule needs to be agreed on between both parents or set by court order.
Does My Child Get a Say in Custody Decisions?
Depending on a child’s age and maturity, their views can be brought into the process through a “voice of the child” report — a paid service where the child speaks with a third party about their preferences. Alternatively, the Office of the Children’s Lawyer can be appointed, at no cost, to assess the child’s wishes through a lawyer and/or clinical worker who meets with the child and both parents.
Custody, Access & Child Support
Parenting arrangements and Child Support are decided separately but affect each other directly. Support can still apply even with shared or split custody, and parenting time above 40% can support an application to adjust the amount payable under the Child Support Guidelines.
Putting Custody and Access in Writing
Once parents agree on decision-making and a parenting schedule, those terms are usually captured in a Separation Agreement or consent order. Each parent should get independent legal advice before signing, so the agreement holds up and genuinely reflects what was negotiated.
When a Parent Is Unfit for Custody
A parent may be found unfit for custody due to a documented history of physical or mental abuse, neglect, or an inability to provide proper care. Courts are unlikely to award custody in those circumstances, and access may be restricted or supervised — but this requires evidence, not just an allegation.
Why Choose Batra Law Offices for Your Custody Matter
Experienced child custody lawyer serving Brampton and the GTA
Parenting plan and decision-making agreements
Access schedule negotiation and court applications
Support through the Office of the Children’s Lawyer process
Family law representation across Ontario
FAQs
Child custody and access decisions are made based on the child’s best interests. Custody involves decision-making, and there are two outcomes: joint custody, where both parents make decisions jointly, or sole custody, where one parent makes all major decisions. Courts tend to prefer the term “decision-making” over “custody.”. Courts generally advocate for joint custody/joint decision-making, but sole custody/sole decision-making may be ordered in cases involving violence or when parents cannot co-parent effectively. Major decisions, categorized into education, religion, and medical matters, play a crucial role in determining custody. Access involves determining the schedule for the child, with the goal of providing each parent with maximum contact. The schedule is established based on the child’s best interests, and both parents have the right to significant involvement in the child’s life.effectively Determining the primary caregiver involves considering who handles the majority of caregiving, education, and recreational tasks. The emotional and physical development of the child is crucial, and if parents cannot agree, the court decides based on the child’s best interests. In some cases, child custody may be awarded to close relatives if it is deemed in the child’s best interest. Yes, depending on the child’s age, they can express their wishes through a “voice of the child” report. This involves the child speaking to a third party about their views. It is a paid service that parents can arrange. The Office of the Children’s Lawyer can be appointed to assess the child’s wishes and determine what is in their best interest. This involves appointing a lawyer and/or clinical worker to meet with the child and parents. Notably, this service is provided at no cost. The ability of a child to express their preference is not solely determined by age but may depend on their maturity level. The “voice of the child” report and the involvement of the Office of the Children’s Lawyer aim to consider the child’s views in custody and access decisions. Yes, if you opt for the “voice of the child” report, it is a paid service. However, if the Office of the Children’s Lawyer is appointed, the service is provided at no cost. If you and your spouse are still living together after separation, it is advisable to maintain the existing living arrangement until an access schedule is agreed upon. Your spouse cannot unilaterally take the kids and leave the matrimonial home without your consent. If such a situation arises, seeking assistance from your lawyer is recommended. Yes, in most circumstances, even when a parent is granted sole custody. While the parent with sole custody has the right to house the child and make decisions, the non-custodial parent typically retains visitation and access rights. These arrangements need to be agreed upon between both parents. No, child custody is not automatically awarded to mothers. The determination of child custody is based on what is deemed to be in the best interest of the child, and this decision depends on the specific circumstances of each family. Child support may still be applicable even with split custody. Payments are determined by the Child Support Guidelines, and if you have more than 40% custody, you can seek a reduction in child support. A spouse can be deemed unfit for custody if they have a history of physical or mental abuse, neglect, or an inability to provide proper care for the child. In such cases, an unfit parent is unlikely to be awarded custody, and the court may consider the other parent or a close relative as a suitable custodian. If your spouse is deemed unfit, you can present evidence of their unsuitability in court. Courts prioritize the best interests of the child, and if a parent is found to be unfit, custody and access may be denied. It’s crucial to provide relevant evidence and work with legal professionals to present your case How are child custody and access determined by the courts?
What factors influence the court’s decision on child custody?
How is access determined for a child in the context of child custody?
What factors are considered in determining the primary caregiver and child custody?
Can my child express their preference about which parent they want to live with?
How can my child’s preference be determined regarding custody and living arrangements?
Is there a specific age at which a child can express their preference about living arrangements?
Do I have to pay for the services involved in determining my child’s preferences?
What happens to the children during the period between separation and finalizing the divorce?
Can I still have contact with my child if my spouse has sole custody?
Do mothers always get custody of the child?
Do I still need to pay child support if I have 50% custody of our child?
Can my abusive or unfit spouse be granted custody or access to our child?
Is there anything I can do to prevent custody or access for an unfit spouse?
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on
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