Are You Worried Divorce Means You’ll Never See Your Child Again? Know Your Rights!

You can’t bear to lose your kid. They are the best thing to come out of your former partnership. But you don’t know how to fight to keep them in your life. Luckily, while the risk that you might not get custody is real, Ontario custody law doesn’t allow your ex-spouse to simply take away your child.

Your Child’s Rights and Your Rights to Your Child

As the Law Society of Upper Canada explains, “When parents separate or divorce, they have to put in place a parenting plan covering where the children will live, how much time the children will spend with each parent, and who will make major decisions about raising the children.” This requires input from both parents.

According to the Ontario Ministry of the Attorney General, you can either work out your custody arrangements with your spouse or have the court decide. In court, the judge will look at the child’s best interests and consider several things, including whether your child has been living with both of you or only one of you, whether those living arrangements work well, and whether there is any history of (or potential for) domestic abuse. Even if you can’t get custody, you will still be able to gain access unless “there is a fear that you will harm [your child/children] or harm the parent with custody, or if there is a fear that you will not return the children to the parent with custody.”

Custody, Joint Custody, and Access

You may be wondering what possible living arrangements there are for you, your children, and your spouse. There are several arrangements available, depending on what you, your ex, and/or the court decide is best for your children.

Custody

If you have sole custody, your children will most likely live with you, and you will have the right to make the decisions about how to take care of and raise them.

Joint custody

If you and your ex have joint custody, then you both have the right to make important decisions about how to look after your children, and your children will likely live with both of you. They may spend more time in one of your homes than the other, depending on your arrangement. This form of custody requires that you work together to create the best circumstances for your child.

Access

Even if you don’t have custody, you should be able to still see your children, unless this has been deemed against their best interests. Depending on your arrangement, you may have set times when your children are with you, such as every other weekend, or you may have a more flexible schedule. The Ontario Ministry of the Attorney General states that you may or may not have the right to make important decisions about your child’s “health, education and general situation,” but you have a right to know about important decisions that are made on their behalf.

Supervised Access

If there are concerns about your children’s safety, someone else may need to be present while you visit your children. Your individual circumstances determine who that individual is.

Get Help With Custody

We believe in your child’s best interests, and we’re here to help ensure that the custody arrangements for your child allow them and you to maintain healthy relationships post-divorce, whatever form those arrangements may take.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.

You can click here to contact us, fill out the form on the right for a free private phone consultation, or call us at the phone number at the top of the page.