Legal Insights

Usually, one or both of the parents partaking in a legal divorce are granted custodial rights over the child, or children involved in the matter. However, there are situations whereby a third party, whether it is grandparents, extended family, or close friends, are able to obtain custodial rights of the children. According to the provisions outlined in the Children’s Law Reform Act, a non-parent may apply for the custodial rights over a child, or children, only if they possess specific qualifications. There are specific requirements and documentation that is requested from the a non-parents of a children, or children, requesting custodial rights under the Children’s Law Reform Act. These requirements include, but are not limited to: The results of a recent police records check; and, Reports from any Children’s Aid Societies. For more information on third party applications for custodial rights, contact Krol & Krol at 905.707.3370.

Most of the time, divorce is difficult on the children of the marriage. It is often hard to come to terms with, as well as to move forward from the shock that a child or children experience when the marriage of their parents breaks down and comes to an end. At times, children of the marriage will harbour resentment towards one or both of the parents. This could therefore result in a child not co-operating when it comes to access visits with their non-custodial parent. In the event that the children of the marriage do not show up to access meetings and the custodial parent is alienating the non-custodial parent, it is possible that the custodial parent may be charged with contempt. This means that the parent who holds custody over the child, or children, could be considered to not be complying with the court order and will be held accountable. When there is no evidence to the contrary, it is generally assumed that it is in the best interest of the child or children to have maximum contact with both parents. Therefore, and assuming there is no danger to the child or children, it is important to demonstrate that...

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: The ability of each parent to care for the child; The amount...

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

Biological parents, adoptive parents, step-parents, grandparents, or other third parties may apply for an order for custody in Ontario or for access to a child in Ontario. Under the Divorce Act, a spouse or a former spouse may apply for custody in Ontario or for access to a child in Ontario. In addition, according to section 16(3) of the Divorce Act, another person may apply to the court for a custody in Ontario or for an access order with leave of the court. According to section 21(1) of the Children's Law Reform Act, a parent of a child or any other person may apply to the court to determine custody in Ontario or access in Ontario. Section 21(2) outlines that such an application must be accompanied by an affidavit containing: The person's proposed plan for the care and upbringing of the child; Information regarding the person's current and previous involvement in any family law proceedings relating to child protection or in any criminal proceedings; and, Any other information relevant to the best interests of the child, the person's past conduct, and whether the person has at any time committed violence against a specified category of people (being his or her spouse, a parent of a child related to the application,...