CUSTODY, CARE AND CONTROL

A child holding an adult's finger in a gentle, caring manner.

What arrangements will best serve your child’s welfare, while preserving your role as a parent?

The paramount consideration in matters relating to the child(ren) is the welfare of the child(ren), and the Court may consider many factors to arrive at a decision on what is in the child(ren)’s best interests.

The Court may make orders on the childcare arrangement as part of a divorce, in a contested divorce matter. In simplified divorce matters, childcare arrangements would be something for the parties to agree on.

Where childcare matters arise for decision without a divorce proceeding, these applications are filed as a guardianship proceeding, which may either be contested where parties do not agree, or by-consent, where parties agree to the arrangements.

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In relation to Children, there are 3 issues relating to their care, which the Court can make orders on:

  1. Custody – which parent makes the major decisions for the child(ren) (such as decisions relating to education, religion, and healthcare);

  2. Care & Control – the parent with care and control is the one who the child lives with for the majority of each week, and the parent who make day-to-day decisions for the child(ren). Care & Control can be solely granted to one parent (the care parent), can be shared in some cases (where parents get roughly equal time with the child), and may even be split (that is, where one parent has care of one child, and the other parent has care of one child). However, the option of split care and control is not usually ordered; and

  3. Access – the parent without care and control will have access to the child(ren). Such access may be left in broader terms (for example, reasonable, or liberal access), or may be provided for in structured detail.

WHY CHOOSE US
& OUR FEES

Our lawyers are well-versed in children matters, and have acted successfully for parents in obtaining sole care and control of the chidl(ren) even in acrimonious and hard-fought cases. We will work with you to craft solutions which serve the child(ren)’s best interests and needs.

Speak to us about childcare orders whether as part of a divorce, or as a standalone guardianship application (i.e. where parties may not be married, or may not be ready for a divorce yet).

Our fees for a guardianship application (by-consent) start from $3,990.

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