Family Law
What is Child Custody?
When dealing with a family matter, the main focus and top priority are the best interests of the child(ren). There are a number of factors that a Court will consider before determining whether sole custody, joint or shared custody is in the best interests of the child(ren). Custody terms themselves can be tailored to fit the needs of the children and help parties work with one another when disagreements arise.
These factors include, but are not limited to:
- The relationship between the parents and the child(ren);
- Each parent’s parenting abilities;
- Each parent’s mental and physical health;
- Care arrangements pre-separation; and
- May include the child(ren)’s independent wishes.
Parties are able to resolve the issue of child custody without initiating court proceedings by way of a Separation Agreement. These agreements will typically include a detailed outline of each parent’s rights and responsibilities with respect to the children, such as specific access times, transportation arrangements, child support terms, terms for agreeing upon and sharing special expenses, holiday arrangements, international travel terms and conditions and more.
Types of Child Custody:
- Sole Custody: Where one parent has sole decision-making authority over issues concerning the child(ren), and the child(ren) primarily resides with that custodial parent. The other parent may have generous access, supervised access, restricted or ‘set’ access times or access at the discretion of the custodial parent and may have the right to be consulted by the custodial parent on major decisions affecting the child(ren)
- Joint Custody: Where both parents have the responsibility to agree jointly on decisions affecting the child(ren). Access arrangements may vary, but typically one parent will have primary residence and the other with have liberal and generous access with the child(ren). This arrangement requires the parents to communicate reasonably with one another and be able to put the needs of the children first.
- Shared Custody: Where both parents have equal decision-making authority and the child(ren) spend at least 40% of time with each parent
- Split Custody: Where there are multiple children and one parent has custody of one or more children and the other parent has custody of the remaining children
When dealing with child custody in a Court proceeding, the Office of the Children’s Lawyer may become involved to represent one or more of the children in the proceeding. The Office of the Children Lawyer helps assist with identifying the child’s wishes and investigating what arrangements would be in their best interests. They will produce a Report with recommendations for the Court to consider, although this is not a final determination on the issues.
What is the Office of the Children’s Lawyer?
The “OCL” employs both lawyers and clinicians. When the Court requires information from the child(ren), or if a party in the proceeding believes the OCL would help the child(ren) freely express their wishes or concerns, if any, the Court will request the assistance of the OCL. The OCL does not accept every case referred to it, and any referral requires a Court Order. If a case is accepted they will either appoint a lawyer to represent the child(ren), appoint a clinician to conduct an investigation and provide a report to the court, or both.
Disclaimer: The information contained within these pages is general information only. Each matter is unique and the information contained within these pages may not apply to your situation. You should always seek legal advice to review your individual matter.