Nowadays, divorce is much more common, yet it's not something that children take to, too kindly. There's confusion, anger and sadness. Kids wonder whom are they going to stay with and what their situation is going to be.
Sometimes, both husband and wife, sit down together and are able to come to a compromise with regards to the custody of the child or children. However at times, they are unable to reach a decision which both of them agree too, and in such cases it becomes a legal matter, subject to the child custody laws in Canada.
The issue is taken up with a court of law, in conjunction with the child custody laws in Canada. Each country has their own unique custody laws, and it's necessary that citizens of a country are aware of what these child custody laws are, should there be a child custody battle.
Child custody cases are never easy, and so the need for a definite set of rules so that these are accepted as universal in a country and everyone is treated with the same fairness and justice. And so the child custody laws in Canada aim, to do exactly that. All custody cases that come to the Canadian courts are subject to the child custody laws in Canada.
While a court can issue joint custody of a child to both parents, most courts are not really in favor of joint custody. However there are exceptions in the sense that should the court have enough evidence that both parents are able to communicate and cooperate with each other and take decisions in union, and these help in the effective upbringing of the child, the court is ready to issue a joint custody order to both the parents in conjunction with the child custody laws in Canada. However if the court believes that there is too much of conflict between the parents, in all likelihood they issue sole custody to either one of the parents.
As per the child custody laws in Canada, there is also the possibility that the court give sole custody to a single parent and then grant what is known as joint guardianship to the parents. What this means is that, both parents are expected to discuss with the other, with regards to important decisions pertaining to the child, as well as keep one and other informed about the child's development or any events that are significant in a child's life. In joint guardianship, the parent who is not the custodian of the child, is entitled to have all the information regarding the child – be it at home, school or the community. But the decisions are left up to the sole custodian parent, should there be any disagreement between both the parents.
According to the child custody laws in Canada, the Canadian court also takes into account if a parent is willing to allow the other parent access to the child. Subject to the child's best interests, the court takes an order that will facilitate the child having contact with both parents.
In accordance with the child custody laws in Canada. if the court perceives some or any risk, the court will not grant access to a parent. This is if there has been a problem earlier between parent and child or even between parents.
If the court has some or any reservations with regards to granting access, they could as per the child custody laws in Canada, grant a conditional order. This may allow some amount of access to the parent who's not the custodian of the child, instead of not allowing any access at all. The conditions could be that parents are allowed to meet with the child, only at a certain time and place, that is agreed on.
If a child is in a stable environment and are happy, as per the child custody laws in Canada, the court is not ready to take any decision that will disrupt the status quo of the child. But if the long term interests of a child are taken into account, and change needs to be effected, the court will do so and also recognize that there will be some amount of discomfort and emotional upheaval that takes place.
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