How to File for a Temporary Custody Order in Toronto

A parent needs to take a step back from the situation and have a clear explanation as to why the child should be with him before taking steps to file a temporary custody order. The process is not as simple as filling out some paperwork, and several details factor into the ultimate approval or denial of the request. It is best to allow our divorce lawyers to handle this kind of work. Family law lawyers are well versed in these matters.

Questions to consider include how will the child be cared for under your roof, and how will he get to and from school or daycare? Is this ultimately what is in the best interest of the child? Will the other parent be able to maintain contact with the child? The last inquiry is one of the most important as in most cases, a judge awards custody to the parent or guardian that is most willing and able to ensure visitation and contact with the other parent.

How To File for a Temporary Custody Order in Toronto

1. Fill out the mandatory forms provided by the local court. Be specific and concise with all answers and explanations, especially as to why the child should be with you rather than the other parent.

2. If you filed for divorce prior to this, take the forms to the court clerk’s office that filed your divorce papers. Pay required fees and surrender multiple copies of your forms to the clerk. One of the stamped copies will be returned to you and should be kept in a safe place. The clerk will also give you a court date and time.

3. On the day of the hearing, be sure to arrive earlier. Identify the courtroom that will be holding your hearing. Let the court know you are in attendance by giving your name and case number to the person sitting beside the judge’s bench.

4. When the judge calls your case, remain calm and respectful for the duration of the hearing. Answer all questions entirely and honestly.

5. Any domestic violence issues should be brought to the attention of the court. The judge should always be the person you address when you speak, never the other party or anyone else in the room.

6. No matter what the judge decides in the end, accept the ruling and leave quietly. Arguing is the worst mistake you can make, along with gloating or being harsh.

Temporary Custody Forms

If you retain a lawyer to assist with your divorce or custody battle, he or she should provide the necessary forms in all instances. If you do not have a lawyer, research a self-help center that courthouses often provide. These centers typically offer some assistance and the required forms to begin filing a temporary custody order.