Who may apply for custody in Ontario?
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, a member of the individual's household, or any child).
In addition, according to section 21.1, 21.2 and 21.3 of the Children's Law Reform Act, additional requirements are imposed on non-parents who apply for custody in Ontario.
The solicitors at Krol & Krol have experience with issues of access and custody in Ontario. For a consultation with one of our solicitors, call 905.707.3370 today.
