BUILDING STRATEGIES FOR CHILD CUSTODY AND SUPPORT
When it comes to child custody (decision making) and access (parenting time), it’s crucial to have the right legal aid by your side. That’s because a smallest of error on your part can impact your right on your children and even affect their well-being and happiness.
If you’re in need of a robust legal support for your child access, custody, and/ or support case in Oakville, Jarvis Law should be your trusted choice. For more than two decades, we have represented parents in child access, child support, and custody matters. Irrespective of the nature of the case, we have many years of experience to understand it and pursue an effective strategy for mediation and trial. Contact us today.
What is the Difference between Custody, Decision Making, Access, and Parenting Time?
The terms “custody” and “access” are mutually exclusive legal terms; although they are used interchangeably, and often incorrectly, by non-lawyers.
Historically, a parent had “custody” over a child when he or she had the right to make important decisions concerning the child, including decisions about the child’s education, medical treatment, religious upbringing, and extracurricular activities. Custody has since been reclassified by the Courts as decision making.
The term "access" has also been reclassified to parenting time. A parent has parenting time when he or she is with the child. Parenting time can be supervised or unsupervised and can include any number of overnight stays.
The Best Interest of the Children
Whenever children are involved, the overarching principle applied by any court is always what is in the “best interests of the children.” Before making any order, even where the parties consent, a court will inquire into whether the order will be in the best interest of the children.
A court will consider a number of factors in making a determination as to whether an order in in the best interests of the children, including the love, affection, and emotional ties between the children and each parent, the ability of each parent to care for the children, the permanence and stability of the environment provided by each parent, and whether a parent supports the child’s relationship with the other parent. Once the children are old enough, a court will also consider a child’s preference on parenting matters.