Child custody in Canada

Canaidan Child Custody is a huge issue because the laws want to protect the children involved. The fact is that when a couple divorces they aren’t usually communicating as effectively as they should. Since they have a hard time interacting with each other the children are often caught in the middle of all of it. As a result there can be problems determining the child custody decision on their own.

A common situation is that each parent is doing things differently in their home. The children are in the middle area as they go back and forth. Both of the parents push what they want onto the children such as education, religion, and even health care. They expect the other parent to simply accept it which isn’t likely to occur most of the time. This is why there are clear definitions of what can be done with the child custody rights in Canada. Both parents need to understand the rights they have and they need to follow the decisions that are made by the courts.

It is a common misconception that the caregiver for the children will be given custody of them. While they do play a vital role for the children, that isn’t all there is to it in the eyes of the Canadian child custody laws. You can ask for custody to be given to you and not the other parent but the judge will look at all of the circumstances that are involved with the situation. They will decide what type of child custody arrangement is made as well as what will be paid out in child support.

It is possible that the court will award a temporary custody order to one of the parents. It is important to understand that this isn’t a permanent arrangement so things can change once the case has been heard in the court of law. Parents aren’t the only ones that can petition the courts in Canada for custody of the children either. It is common for grandparents or other relatives to ask for it as well. This will only be considered though if both of the parents are deemed as unfit due to their behaviors or if they have abandoned their children.

Child custody in Canada is taken very seriously. The best interest of the children involved is what matters over all else. Children under nine years of age are treated differently than those that are older. The benefits that the children will have in different types of child custody situations will be carefully evaluated and weighed by the courts. Generally siblings are kept together unless there are extenuating circumstances that can affect that. The court also has the right to change the custody decision at a later time but they rarely do so.

In many instances, the child custody in Canada allows the parent that is able to spend more time with the children to obtain it. This way the children feel very safe and protected. The mother is generally responsible for the daily care of the children and that is why in most cases she will be the one that gets sole custody if that is the route that the judge takes. In joint custody she will likely have the primary residence for the children to reside in.

 

An older child may be able to influence the judge about which parent he or she wants to live with. The conduct of the parent has to be closely reviewed though under the Canadian child custody laws. If it can’t be determined that particular parent can provide well for the child though the request can be denied. The court does encourage the children to have a relationship with the other parent too even if they aren’t awarded custody.

Part of child custody in Canada does recognize the value for children of bonding with each of their parents. This is why sole custody is usually seen as an alternative only when one or both of the parents is clearly unfit to be meeting the ongoing needs of the children. In many areas of Canada, the custody decision can also be based upon the race and culture of the parents and children. If they are quite different then the judge can tend to lean in favor of the parent with the most similarities to the children.

The courts in Canada do try to make sure that both parents have the same amount of time with the children if possible, even if one isn’t granted custody. It is encouraged among the parents to try to communicate regarding the many important decisions for the children. If there are conflicts in this area though then the parent with sole custody will get to make the final decision. If there is joint custody then the situation may find itself back in court at a later date.

There is a determination with Canadian child custody called sole custody with joint guardianship. This means one of the parents has custody but that all the major decisions for the children is made with both of the parents. However, should disputes arise the parent with sole custody is the one that will determine what takes place.