Custody Decision Making

Talk to us today if you cannot agree on co-parenting decisions or if you feel you are not getting the time you are entitled to. 

In Canada, sole custody is very seldom awarded except in very extreme cases. The trend is moving away from the word “custody” and moving towards terms like; shared parenting, residential care, etc.

The most common result in divorce applications where there are dependent children is “joint custody,” and then residential care further defines where the children will spend their time. Regardless of which term is used, each jurisdictions focus is on the best interests of the child.

Child custody is formerly the term used to define the legal guardianship of children of common law, marriage or otherwise. While still a commonly used term, the word "custody" has been removed from most legislation. Instead, more child-focused terms such as "guardianship" or "decision-making responsibilities" are used. If one party has sole decision-making responsibility or sole guardianship, they have the responsibility for making all major decisions for the children in areas like education, health, religion, etc. To have sole custody would give that guardian complete decision-making authority over the well-being of that child concerning school, health, religion, etc.