How does a judge determine custody and access to a child?

When children are involved in a separation and/or divorce in Ontario, custody, residency, and access to the child or children in question will need to be established for both parties. If parties cannot come to an agreement on their own on issues of custody and access, the issue can be brought before the courts.

In Ontario, in accordance with the Children’s Law Reform Act and the Divorce Act, decisions made regarding custody and access must be made in the “best interest of the child." When establishing custody and access, the following factors may be taken into consideration by the courts:

1. The ability of each parent to care for the child;
2. The amount of stability each parent will provide for the child;
3. The emotional ties between the child and each parent;
4. The stability of the child’s current living arrangements;
5. Each parent’s plan to care for the child in the future;
6. The child's wishes (this will be given greater or lesser weight depending on the age and level of maturity of the child);
7. Which of the parents is most likely to ensure contact between the opposing party and the child; and,
8. Which parent is the most willing to care for the child.

When making decisions on custody and access, the judge must take any incident of violence or abuse into consideration.

At Krol & Krol, you can obtain  information about your rights and obligations with respect to child custody and access. If you are currently involved in a separation or divorce where child custody and access is an issue, please contact our Toronto family law firm at 905.707.3370 to schedule a consultation with one of our experienced lawyers who will provide you with information about the law, guidance about your case, and strategize about your matter.