Only a court of law can decide upon the custody of children. Until that time, both parents equally share custody.
Ontario Child Custody recognizes different degrees for the custody of children:
Joint Custody or Joint Legal Custody – both parents share the decision making pertaining to the children. Usually the courts choose this option when the parents have shown the ability to cooperate well on parenting matters. Primary residence can be decided on at this time. Children’s primary residence is where most of their time is spent.
Shared Custody or Joint Physical Custody – Joint Custody plus a minimum of 40 percent of children’s time is spent with both parents.
Split Custody – The court orders some children to one parent and some with the other. Normally courts like to make the children together so this option is not used very often.
Sole Custody – The court decides that only one parent has custody.
Visitation is awarded to the parent who did not receive custody of the children. This allows the non-custodial parent access to the children with guidelines from the court. As long as the parent ability to provide is not in question, the court will award as much contact as possible with the non-custodial parent. This parent is also entitled to information regarding education, health and welfare of the children.
Supervised visitation is ordered when a court is worried about the parent’s ability to care adequately for the children or if there is reason to believe abduction is possible. In such cases, visits are supervised by social workers at facilities determined by the court.
More about Canada child custody laws
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