Call us at (416) 649-4660

Close Button

We Are Here To Help

Schedule your consultation below.

Who gets custody when parents divorce?

1.73K viewsCustody and Access
0

Who gets custody when parents divorce?

Changed status to publish
0

There is no single answer to this questions, since the outcome is always dependent on your particular situation.

If you and your ex have already come to a written agreement about the custody of the children you had together, then a court may be reluctant to interfere with it. If there is no written agreement, the decision can be made once you and your ex hire a mediator to hammer out an arrangement, or else go to court to have one imposed on you.

If an Ontario court does get involved, then it will consider the relevant family legislation (the Divorce Act, the Family Law Act, and the Children’s Law Reform Act). This legislation mandates the court to keep several objectives uppermost in its considerations, the prime one being the best interests of your children.

This means there are no set rules. For example, there is no “presumption” that the mother will get custody over the father, even if the children are young.

See this article for more on determining child custody: Determining Child Custody After Separation.

Changed status to publish
You are viewing 1 out of 1 answers, click here to view all answers.
The materials contained in this website are intended to provide general information and comment only and should not be relied or construed as legal advice or opinion. While we endeavor to keep the information on this web site as up to date, accurate and complete as reasonably possible, we do not warrant the completeness, timeliness or accuracy of anything contained in this web site. The application and impact of laws can vary widely, based on the specific facts involved. For any particular fact situation, we urge you to consult an experienced lawyer with any specific legal questions you may have. Your use of this website doe not constitute or create a lawyer-client relationship. Should you wish to retain our firm, kindly contact our office to set up a meeting with a lawyer.
Book A Consultation