Custody & Access

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Each parent has an equal entitlement under the law to custody of his or her child. Custody and access issues are determined according to the “best interests of the child.” While a Court will consider all of the statutory factors in deciding a custody dispute between parents, I believe that the reality is that the continuity of child care (or minimal disruption to the child’s lifestyle) is often among the considerations given the most weight. The children’s lives have been disrupted by the loss of one parent on a day to day basis following the separation of the parents and the Judicial attitude seems to be that the best thing to do is to minimize any further disruption. However, each case must be determined on its own facts and the parenting arrangements and the division of child care responsibilities between the parents prior to separation will often be maintained if the Court is satisfied that these arrangements will continue to operate in the children’s best interests in the post separation world.

The non-custodial parent or the non-residential parent has the same rights as the custodial parent to receive information concerning the minor child from the doctor, school, counselors or any other person involved with the child. The custodial parent must inform and consult the non-custodial parent on major decisions affecting the child, but in the event of a disagreement between the parents, the parent with sole legal custody has final decision making authority.

Please Note: This information is not intended to contain advice specific to your situation. There are no cookie cutter solutions. After all, you are reading this information on the internet. Your situation is special and unique and you must be guided by specific individual advice from your Lawyer, Certified Financial Planner or Accountant.