Divorces and separations have a negative impact on children. They often find themselves caught in the middle of their ‘own’ parents. However, both the parents have equal rights to raise their children and make decisions that are essential for their bright future. When parents get separated, the courts focus on the things that are in the best interest of the children. One or both the parents may file a petition in the court to seek an order regarding custody of the children.
Since Canadian divorce and child custody laws are complex, it is essential for the parties to seek legal services of a skilled and experienced lawyer. At Sekhon Law Office, our lawyers – Gagan Sekhon & Aman Sekhon, have helped various clients in resolving their parenting disputes amicably. When it comes to child custody, our lawyers are committed to providing guidance on all matters of custody and parenting arrangements. Our child custody lawyers in Mississauga, Hamilton, Toronto and Kitchener help maintain legal and practical relationships between a parent and child.
Different Types of Child Custody as per Canadian Family Law
There are mainly two types of custody:
- Joint custody – In such a case, both parents have to agree on the major decisions that govern their child’s life. One parent can’t decide everything without the consent of the other. If they tend to disagree, they need to find a common ground.
Courts, generally, don’t like to award joint custody in cases where the parents are unable to make these important decisions together. Our lawyers will help get all the paperwork done for you. You can focus on the other things while we complete all the legal formalities.
- Sole custody – The parent having sole custody has all the rights for making the important decisions regarding the child’s future even if their ex-partner disagrees. However, parents with sole custody must always tell the other parent before they take any decision for their child to avoid any courtroom confrontations. You can seek our lawyers help to ensure that everything goes smoothly
What is ‘Access’ and What are its Types?
When only one parent has sole custody of the child, then the other parent is left with ‘access’ which gives them the right to spend some time together with their child. The parent having access also has certain rights by which he/she can demand information regarding their child’s education, health and well-being from either the other parent or from places like the child’s school etc. The various types of access are:
- Fixed access – Sometimes the terms specified for the access also include a specific or a detailed schedule. This often refers to ‘fixed access’ or ‘specified access’. The terms may tend to cover certain things like vacations, long weekends, the child’s birthdays, and gathering at religious occasions.
- Supervised access – In certain situations, the access granted to the other parent might need to be supervised. This is ordered if the parent with access has a drinking/drug problem or has ill-treated the child in the past. The supervising person could be a friend, a relative or a children’s aid worker.
- No access – This is ordered in the extreme cases where the other parent is not granted any access to the child. This happens when the other parent has seriously neglected the child or abuse against the child by that parent has been proven in court. It is ordered to protect the child.
Child custody issues are often extremely complex and emotionally trying. Without a good lawyer, seeking your child’s custody becomes an uphill task. We, at Sekhon Law Office, are a leading name when it comes to law firms in Hamilton, Kitchener, Toronto and Mississauga.