What are the differences between custody and access?

Custody and access are two diverse legal terms used in family law matters.

Custody deals with decision-making that affects the child in question. Custody typically deals with decisions about the child’s education, religious instruction, and important medical issues.

In contrast, access deals with how much time the child will spend with each parent and how that time will be structured. Access arrangements can vary dramatically depending on the circumstances of the case. For example, in some cases children live primarily with one parent and have regular visits with the other. In other cases children divide their time almost equally between the residences of both parents.

Custody and access can be resolved through an agreement made between the two parties. In the event that the parties cannot come to an agreement on custody and access arrangements, then the matter may be brought before the courts for a determination on the issues of custody and access.

The courts will generally make a decision based on what they then believe is in the best interest of the child, or children, in question. The courts may take the following factors into consideration:

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 current status quo with respect to custody and access;
5. The strength of each parent’s plan to care for the child in the future;
6. The wishes 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.

There are circumstances where the courts will take past behavior into consideration, such as any incidents of violence or abuse.

If you are currently involved in a family law matter which involves issues of custody and access, contact our Toronto family law firm at 905-707-3370 to schedule a consultation.