Custody and Access

In March of 2020,  the law was changed and we now call custody “decision-making responsibility”, and access is now “parenting time” or “contact” depending on the circumstances.

A parent with decision-making responsibility (formerly sole custody) makes important decisions about the child’s upbringing after consultation with the other parent, typically including decisions about health, education, culture, language, religion and spirituality and major extra-curricular activities . If parents have joint decision-making responsibility, you and your former partner or spouse will make important decisions about your children together. Parenting time (formerly called access) determines where the children will live and  how parents will share time with the children, and what terms or conditions, if any, should be imposed on either parent during visits or times when they have the children with them.

Decision Making Responsibility and Parenting Time

Your relationship with your partner may have come to an end, but we know that your children are priceless to you, and that their emotional and physical wellbeing is a priority. Every family has its own, unique set of circumstances. Post-separation parenting arrangements for your children will need to be established to reflect your family’s unique circumstances.  The overriding legal consideration in determining parenting arrangements is the best interests of the children.  Neither a mother nor a father has an automatic right to sole decision making (formerly custody) or primary residence. The children have a right to maintain a relationship with both of their parents; there is no presumption in favour of one parent over the other. Hiring an experienced and understanding family law lawyer is particularly important when dealing with your children and their health and wellbeing.

We can help you understand how the law will impact the determination of the parenting arrangements that will be put in place after your separation. We will do our utmost to assist you in coming to a positive outcome for your children.  We can help you consider all of the options available in your particular situation; whether it is to seek joint or sole decision-making, shared parenting,  specified parenting time, split parenting or some other arrangement to meet your children’s best interests and the needs of your family’s circumstances.

We are also very experienced with urgent motions, restraining orders, police assistance and enforcement orders, if your situation warrants it. Contact us to find out whether we can help with your situation.

If you need a child custody lawyer in London, Ontario call 519-204-7128 or email us at kim@daleylaw.ca or darlene@daleylaw.ca