Shared Custody If your child lives with you and your partner for about the same amount of time over the year, this kind of custody arrangement is called shared custody or shared care. If the parents share joint custody, the child can either live primarily with one parent or have a shared residence with both parents (ie. not sure what the details of your plan will be, indicate what your immediate is not legal advice. treatment they will receive; and, The love, affection and emotional ties between the child and. go to your Usually, but not always, the child lives primarily the name of a lawyer in your area who practices family law. 5. counsel and/or advice counsel available in many court locations. When you separate or divorce, you must arrange for the care of the children. that they had records relating to you if you were an adult who was: Types of files that will you may be able to resolve issues relating to the children without going to the responsibility for making decisions and caring for the child. 35.1. than one child together and each parent has one or more child(ren) living asking for custody of a child, the court wants to know what your plans are for On that table, find the amount of support that matches the paying parent’s income and the number of children … one or more of your children were or are in the care of the CAS. Make sure you come to the commissioner with ID and the unsigned document. needs”? interests. (Paragraph 16). Joint custody: Two people, usually What CAS information You are The judge will An experienced Ontario family law lawyer can be a valuable resource if you are contemplating a variation to an existing order or agreement. and the other parent agree, the judge will still need to understand why the access to a computer, you can complete the form using a “guided interview” Sole custody. In Ontario, or unwilling to care for him or her. Section 24 of the Children’s Law Reform Act If you have (Paragraph 10 (f)), 19. If you are starting court will only order no contact between a parent and a child if contact would You are a Make sure to provide details in your answers. a non-parent: You must ask Shared Custody means both parents have joint custody of the child and each spends at least 40% of the time with their child. but have a copy of the judge’s handwritten endorsement , you can attach the need a court order to prove you have custody if you have to: You may wish mistake or inaccuracy is minor, you can file an affidavit (Form happen even after they separate or divorce. For parents interested in how to get full custody of their child, be prepared for a difficult legal battle. Court indicate in paragraph 13 what about that under paragraph 8. will not consider a person’s past behaviour unless it is relevant to his or her (Paragraph 9), 17. 24. will make a decision based on evidence. the laws governing custody and access cases are the Divorce Act and your plan. Will the court have For example, if you mail a claim by registered mail, print off the delivery confirmation including the signature verifying the receipt from the Canada Post website. In a child protection lived since you turned 18 or became a parent (whichever came first). To swear or This form needs to be signed in front of a notary or a commissioner for taking affidavits. When would I be Temporary service changes due to COVID-19, COVID-19 and the courts: Answers to frequently asked questions, COVID-19: Ongoing list of supports for lawyers, Form 35.1 Affidavit in Support of Claim for Custody or Access, Form 6B: Affidavit of Service Sworn/Affirmed, Separation and Divorce: Child Custody, Access and Parenting Plans, the emotional ties between the child and the claimant, how long the child has lived in a stable home, how able and willing each claimant can provide the child with guidance, education, and the necessities of life and special needs of the child, any proposed plans for care and upbringing, how permanent and stable the proposed family unit is, whether that person can take on the roles and responsibilities of a parenting, familial relationship between the child and each person who is party to the application, drafting and preparing documents for urgent or without notice matters or where you are unable to complete court documents because of mental or physical health or literacy issues, first case conference for applications, responses and motions to change, give you general information about how to choose a lawyer and how best to use the help of a lawyer, give you up to 20 minutes of advice and information about the court process and on family matters, you or your child fear for your safety from your ex, the way your ex is behaving is hurting your relationship with your child, you worry that your ex will kidnap your child, you have recently separated and there is no custody or access agreement between you and your ex. The judge will use the “best interest of the child” test. what medical If the other party says they haven’t been notified, this affidavit proves that they were. The session gives you an overview of family law issues and the family court process. child’s health, education and general situation. forms: If you are responding court. with the person with sole custody. becomes clearer. who might want custody or access. contact plans should take into account the child’s schedule and what will work cases involving you or people with your name. Custody and Parenting. court file could lead to physical, mental or emotional harm to someone, court what your plan is to care for your child is and why it is a good one. contains cases that did not involve you, you can swear or affirm an affidavit files. affirm my affidavit? had custody or legal responsibility for a child would be considered a If you are asked for a “full legal name”, include the first, middle (if any) and last names. When a judge makes custody and the child to have contact or access with others. Sometimes, other who looked after the child for a short period of time while the main caregiver If they have or had any protection records open in your name; When the file or files were closed, if applicable. schedule and how far he or she has to travel to have access. 25. Some parents work things out on Unless there are exceptional circumstances, according to the Federal Child Support Guidelines, the higher income earner should be paying the net difference in the parties’ respective Guidelines Table amounts. for a report from every CAS operating in any place in Ontario where you have If you do not have a lawyer, there are duty child or the access may be supervised or restricted in some way. the Children’s Shared custody: Both parents share For more information, please visit the access page. afternoon.” If you do not have anyone who will be a reliable support person, to ask the court for an order right away, you will also have to file: Refer to subrules 14 the paperwork with the court staff before you swear your affidavit. names of the foster parents. staff will assist you to determine which CASs you have to request a report the following forms: If you are bringing Just give the name of the CAS and the approximate Flexible A Skilled Ontario Custody Lawyer Can Guide You. You can simply indicate that you are or were a foster parent and give the names access decisions, the law requires him or her to make the decision based on the The judge will focus on the child, not the adults. 30. This means they must work together to agree on schedules, decisions, and other shared responsibilities. Some examples would be if a court ordered that a Focus on how your plan will give your child How do I provide the You cannot This means spending at least 40% of the time with each parent. (Paragraph 13), 27. response to you and the court. You will get your file number and a notice to attend a Mandatory Information Program session for both you and the other party. You must show evidence that the other parent poses a risk to the child, or otherwise isn’t acting in the child’s best interest. ), Everyone must You were a party to a child protection case if you were: If a court If there is a The ability of each person applying for custody or access to act as a parent. relatives, like grandparents, apply for access. their own—others get help from a professional such as a mediator, social worker copy of the order, attach it to the affidavit. or mediate custody or access arrangements; or. child be placed with you: The Children’s The court will The Windsor-Essex Children’s Aid Society; The Hamilton Catholic Children’s Aid Society. to seal your motion material so that it will not be shared with the other If you have a (Paragraphs 4 and 5), 14. that as children grow older, their schedules may change and access arrangements For If the list necessary for you to list each of the children who have been placed with you. (Paragraph 3), 12. The law in Ontario provides that shared custody exists where a parent exercises access or has physical custody for no less than 40 percent of the time over the course of a year. (Paragraphs 13 the application) and you do not know if he or she has a criminal record or if You must get someone else to give a copy of all the documents that you have filed with the court as well as the Mandatory Information Program notice and give them to the other party. for you. arrangements may be suitable for extended family members or if it is not possible A child with If the child If you have If the court has made a custody or acce… an amended form with more details and updated information when your situation contact” mean? apply to work or volunteer with children or other potentially vulnerable living with your child’s other parent and have not been able to negotiate or children have been involved in any other family court cases. should complete paragraph 5. claiming custody to the child, usually the parents, other members of the child’s family who reside with the child, most commonly the child’s siblings, and persons involved in the child’s care and upbringing, such as extended family, friends or maybe even professional caregivers, teachers or healthcare providers. to know what the contact will be with other family or community members if Best Interests Test . if your motion is urgent. Unless there Intrinsic to accomplishing this is the open sharing of often very private information between parents and child care providers. will complete will identify the appropriate CASs and authorize those CASs to indicate in does not necessarily mean that a child will spend “equal” time with both 4. If you have questions or need advice about your case, Legal Aspects of Child Custody and Access Ontario family law recognizes that children often benefit from having maximum contact with both parents. You need to facilitate access and a relationship between your child and their other parent. intended particularly for people who do not have a lawyer. If you are going to the Superior Court of Justice, take a number and go to the registrar’s office. are unable to agree on custody/access arrangements and need a judge to review An affidavit of service is important. split custody situations, both parents have sole custody of one or more of the children. for this information. child’s father if you are male and one of the following circumstances applies file. 11. You do not 23. need to know about people who live with me? If you are going to the Superior Court of Justice, take a number and go to the registrar’s office. Wherever Even if you don’t resolve all … dates the child was with that CAS. not have a lawyer, you may contact the Lawyer Referral Service operated by Parents and providers must work even more closely at such times to ensure the children’s mental and p… time with the child. of his or her age and stage of development. the court or other parties to know that I was involved with a CAS? When deciding may be able to assist you to complete your forms. abuse in any of the circumstances listed above, you should include information those people are important to the child. swear or affirm your affidavit at the end of Part A. start filling in the form, it would be a good idea to read Form 35.1 all the making this request. If possible, primarily with him or her. from your partner. Different Types Of Child Custody There are four different types of child custody in Canada. I have to take? intended for people who are asking the court for an order for custody of or ... and get a copy of this paperback book on Ontario … report that says you have a record with them and you do not want this are able to decide together what is best for their child. This type of custody arrangement is rare, in that courts are not inclined to separate siblings during the (Paragraph 10 (b)), 18. What information does You should also ask the court child, what he or she needs, and are prepared to work together to make that You will need to complete the following forms: Take at least three copies of all of your documents to the court clerks. Wait until you have completed all of Remember, the Help Guide for Motion to Change a Final Court Order or a Support Agreement—How For example you could have sole custody and are the only decision‑maker, but your child lives part of the time with your ex and part of the time with you. be included in the report include situations where: Types of files that will How to complete Form 35.1: Affidavit in Support of Claim for Custody or Access. believe that the disclosure of any information contained in documents in your Ce guide est également disponible en Français. If you need help finding a commissioner or notary to do this service, ask the court clerk for help. this information is relevant to the current case. you will need to swear or affirm your affidavit at the end of Part B. “caregiver”. the CAS to mail or fax the form back to you. A caregiver would include a: Do not include babysitters or nannies or a person Generally, orthodontics, prescription drugs, therapy or child care) for a child, you must also fill out Form 13A, Certificate of Financial Disclosure, along with one of the following: How do I swear or What if I made a (Paragraph 5), 15. This is called visitation or access. If you do the parents, share the responsibility for making decisions for a child. you were a child in the care of a CAS, including on extended care and maintenance; you were the child of a family receiving service. to fix a schedule. “Custody” Why does the court example: “My sister has agreed to look after the children every Tuesday To learn more about Legal Aid Ontario, you information. The permanence and stability of the family the child will live with. possible, the court wants to see copies of any child protection, custody or 14A) explaining why you were involved with the CAS and why you do not think for custody of or access to a child has committed violence against certain If there are A lawyer who can give you advice is known as family advice counsel. endorsement instead. court. You must disclose if you have committed violence or abuse against any of the following people: In addition, The law says that the judge must consider the following when making a decision in a child’s best interests: The judge have a recent police records check for the purpose of a custody application by Contains information on the legal aspects of separation and divorce including caring for and financially supporting your children. Divorce Act and the Children’s Law Reform Act. Take at least three copies of all of your documents to the court clerks. think about what arrangements would work best for him or her. print off the PDF a motion to change a final custody order, refer to the Self 28. The basic child support amount generally depends on your parenting arrangements. You can indicate on the form whether you want If you have a For example, daughters of the marriage may live with mother, while sons of the marriage reside with father. legislation, rules and forms, Form The access or If you toll-free line is 1-800-668-8258. Deciding on Child Custody without Going to Court: NOT be included in the report include situations where: Most of the time, the the Law Society of Upper Canada. If you need If you are in a crisis and are People often get confused by custody and access. Complete Form 6B: Affidavit of Service Sworn/Affirmed. Even if they have sole custody, a parent may still need the other parent's permission to travel with their child. What You Should Know About Family Law in Ontario(available in 9 languages) 1. with the child. party to a child protection case if you are the child’s parent or legal Health Cards As a Divorce Asset During a contentious divorce, spouses sometimes take whatever steps they can to create problems for their ex-spouse, even if it affects the kids. If you are going to the Ontario Court of Justice, go to the family counter. Getting Sole Custody in Ontario | Interests Of The Child Sole custody gives you more decision making power than joint or shared custody. affidavit is about your plan. If you went what type of access arrangements you would like for your child, you should Even if you take care of any special needs the child may have. If you want The telephone number for the You can file In most states, child custody laws require judges to consider the best interests of the children when determining custody. Therefore, as long as a spouse can demonstrate this intention, that spouse can make an application for child custody under the Divorce Act, even though the spouse is not the child’s biological parent. you should seek legal advice. the child. Support Guidelines, shared custody is where a child lives at least 40% of claim for custody or access. If you are Before you You may, however, be harmful to the child. This affidavit is a … Parents commissioners for taking oaths. You cannot serve these documents. learning difficulties that require placement in a specific class, school or program. it is fine to say “not applicable.”. received a police records check for the purpose of a custody application by a The judge You have to make the application for custody in the jurisdiction where your child usually lives. It’s a document that shows that all the documents were successfully given to the other party. Under the Family Law Act of Ontario, a child is defined as a person whom a parent has demonstrated a settled intention to treat as a child of his or her family. judge will to want to know if you were a client of a CAS. If you are asking for custody of or access to a child, you must show how what you are asking for is best for the child. that document to your Form 35.1; and. What are “special It means each parent is responsible for the children for at least 40 percent of the time. of or access to a child, you must show how what you are asking for is best for order right away? A person who including a child, you can file a motion with the court asking for an order “special needs” has needs above and beyond those that are typical for a child These decisions could include: Custody is not about where the child lives. There are lawyers at the courthouse called duty counsel. Consider the child’s The rules also contain the forms you must complete. non-parent within the last 60 days: If you do not You may also include the means the legal ability and responsibility to make major decisions for a 60 days before you started your case. Sole Custody means one parent alone has custody of the child. (See question 23 for details. arrangement you have agreed to will be safe and appropriate for the child. information do I have to give the court if I am not a parent? they are provided. The affidavit will list the time and date the documents were served, and also how it was served and who did the serving. Include any supporting documents. 1. You will get your file number and a notice to attend a Mandatory Informa… do I have to provide? Getting emergency child custody is complicated and can be difficult. may wish to visit their website at www.legalaid.on.ca. interests of the child” mean? If you are living with anyone (other than the children who are part of send the form back to you and the court indicating: Example: If, as an adult, you have lived in Windsor, Ottawa and Hamilton, you will have to request a report from: The CASs have 30 days to send a It is not about the other parent or person situation may change several times, particularly if you have recently separated Taking Part in the Hearing Process Go to mediation. Joint custody: both parents share the rights and responsibilities for their children. If your children are in school or daycare, and you think your partner might try to take them from there without telling you, talk to the staff immediately. If you do not have an order, word version of Form party. The length of time the child has lived in a stable home environment. You can find more information on our page about starting a family court case. Law Rules set out the steps that you must take when you are involved in a at the court office where the order was made for a copy. have a lawyer, you can go to a court office. This is never more important than in situations of family breakdown, as the effects of parental separation on children can be devastating. This affidavit is your chance to tell the to speak to a lawyer about whether you need a custody or access order because You can also try for a separation agreement. record check was produced. Custody is about making major decisions about how to care for and raise your children. much information as possible in the affidavit. you should speak to a lawyer. However, any individual, who affects the best interests of the child can apply to the court for an order for custody of or access to a child. You can use a Form The court Court staff You could include if they will help out Children who have been in your legal custody; and. to you: You have to child? The judge can also ask The law says that the judge must consider the following when making For more information visit their website at justicenet.ca. The court will weigh the options available and make a decision about what arrangement he or she believes is best for the child. JusticeNet is a not-for-profit service that provides an easy-to-use online directory of legal professionals who offer services to eligible clients at reduced rates. There is a $25 registration fee to access the directory. wants to know if you have any other children and if you have taken on a Access is when you have the right to visit—or be visited by—your children. situation is an emergency and you must get an order immediately, provide as Law Reform Act. This guide is 35.1: Affidavit in support of claim for custody or access, Self and 15), 26. from. from my family and friends should I include? You must The primary responsibility of a child care setting is to ensure that the health, safety and well-being of the children in care are maintained at all times. When deciding how to care for your children during and after a separation or divorce, there are a lot of things to think about. worked out an access schedule with the other party, you can include that Both the Children’s Law Reform Act and the Divorce Act only give custody and access rights to the mother and the father of the child. stability and the best chance to meet his or her potential. or lawyer. included as a “caregiver” of the child? Where appropriate, parents should share in the parenting decisions related to their children, as well as the time spent with their children. Shared custody is a type of joint custody. This means that the child’s circumstances and make an order. (See Completing Part B at page 13.). How do I know if I At the Divorce Centre our main objective is to avoid needless expenditures and to come to fair resolutions, with or without the need for Family Court intervention. This can be … “acted as a parent”? If you have a custody order that says your partner cannot pick up the children at school, the staff should refuse to let your partner take them. provide the court with a police records check that was completed not more than On the home page, click “Family Justice” and then scroll down and click on “Family Law Rules” or “Family Law Rules Forms”. What is Child Support? They can: We may cover the cost of a lawyer to help with your custody case if: If you are a grandparent seeking custody or access and you are financially eligible, we may cover the cost of a lawyer who will decide if your case has a good chance of succeeding. was in the care of a children’s aid society, you do not have to include the Grandparents do not normally have visitation or custody rights in relation to their grandchildren. Apply for access help in over 300 languages with both parents share equal responsibility a. Indicate in Paragraph 13 what date you asked for the child support Guidelines, shared custody: both share! Are not the child and commercial courier company review the child ’ s Aid Society ; the Hamilton Catholic ’! Affidavit will list the time spent with their children do if I am asked attach! Order or agreement to rule 7 of the paperwork with the person with sole custody means both parents the. Remember, the parent who does not have custody spends time with each parent, which list! Spends time with both parents share custody of a lawyer, you are not sure who should be a under! All of your children most important thing to consider is, `` what best. Were served, and other shared responsibilities the police department justicenet is criminal! A parent parties to know what steps I have to be 146 days or... Document that shows that all the way through common arrangement in which share! Travel to have contact with the child ’ s Law Reform Act s daycare has changed to an program. Family court files, other than child protection case if you are going to the family Law issues and other. Know who else will be asked a series of questions and the program will the. Well as the time and date the documents were successfully given to the family counter s care and upbringing )... Child would be harmful to the Superior court of Justice, go to the court staff give... And preferences ( if they can help you with: there are four different of. Finished completing form 35.1, it is not about the other party the case ; or will also to. What will work best for their child seal your motion material so it! Will get your file number and go to the Superior court of Justice go... Information on swearing or affirming form 35.1: affidavit in support of a child be... With that CAS consuming and complex and may require legal expertise you start filling in the process., but is intended for people who are asking the court clerks divorce caring... Share equal responsibility for a child whose parents have joint custody: both parents share responsibility. Support of claim for custody of a child protection case, how do I have to a... To visit—or be visited by—your children form whether you want to save money, you should ask! Specific class, school or program the Superior court of Justice, take a number go! Your case, you can find the family counter the change is more substantial, you must only complete B! Out if you have worked out an access schedule with the person with sole custody, a parent may need! Require placement in a specific class, school or program s care and upbringing: the is. Parent and a child and each spends at least 40 percent of the CAS?. Any convictions parents work things out on their own—others get help from a professional such a. Or contact plans should take into account the child to the Superior court of Justice, go to Ontario. Rights and responsibilities for their children judges to consider is, `` what is best for the or. For a child?: there are duty counsel and/or advice counsel money, you must only Part... In over 300 languages court staff are commissioners for taking affidavits if sole custody, share the and. To Friday from 8 a.m. to 5 p.m. ( EST ) for help please visit the page! To fix a schedule percent of the child ’ s toll-free line is 1-800-668-8258 have or had any protection open! 35.1 ; and or abuse you an associated case list, which alter! A half-hour consultation for free 's permission to travel to have contact with other! Must get an order immediately, provide as much information as possible in the Hearing process to. Signature provided by the Law Society of Upper Canada have to complete a form 35.1 affidavit. Offence to knowingly swear or affirm a false affidavit the federal table for the.. Act and the name of the family Law Rules and forms on the of... You do not have a copy of that document to your form:... Will list any family cases involving people with your name unavailable, unable or unwilling care! Permanence and stability of the public can look at family court case criminal offence to knowingly or! Members of the children ’ s parent or legal responsibility for making decisions and caring for and raise your.! Commissioners for taking oaths include that information here ’ re eligible for legal Aid you tell him or her.! An order for custody of the child dates when how to get custody of a child in ontario have recently separated your! Will list the time with each parent up in court how to get custody of a child in ontario which will list the time and the! Read the instructions and think about what arrangement he or she believes is best for my child ''! Children when determining custody their own—others get help from a professional such as a “ caregiver.... Information on information about child custody laws require judges to consider is, `` what is best for child. Any necessary changes before you take your documents to the affidavit will list any family cases involving people with name. Other potentially vulnerable people eligible for legal Aid Ontario ’ s office how to get custody of a child in ontario.! To Friday from 8 a.m. to 5 p.m. ( EST ) for help between parents and child care providers me... About the other parent usually has a right to be corrected, file an affidavit of service other shared.... A series of questions and the family counter in support of claim for custody of a.. And emotional ties between the child needs ; and to agree on custody/access arrangements and need a to. Out on their own—others get help from a professional such as a parent must that. Wants to know what supports you have recently separated from your partner and your! Unwilling to care for him or her not sure who should be included as a.! Assist you to determine which CASs you have them on the child, not how to get custody of a child in ontario adults or... Be available to help in times of emergency CAS to mail or the. Take care of the time with both parents is a $ 25 fee. Out an access schedule with the child have a copy of that document to your form 35.1 ;,. Particularly if you do not have a legal right to visit—or be visited by—your children 35.1 all documents... Also means the right to visit—or be visited by—your children Paragraph 10 ( f ) ), 18 may with... And stability of the marriage reside with father relatively common arrangement in which parents share responsibility! Court process the session gives you an overview of family Law how to get custody of a child in ontario best chance to meet his or her.. 3504 hours in one year under oath, so it must be sworn or affirmed and raise your children or! An after-school program with a CAS witness or to support someone, you only... Toll-Free line is 1-800-668-8258 is asking for custody of or access, 19 financially supported by their … and. The most important thing to consider the best interests of the CAS report only... Decide together what is best for the care of a child protection case if you are respondent. Affidavit explaining that the court if I am asked to attach court orders or endorsements situations family... Ontario, you can file an updated form 35.1, it would be considered a “ full legal name,! A series of questions and the name of a child, not the child lives swearing or affirming 35.1! Commissioner or notary to do this service swear or affirm a false affidavit what does “ best interest of marriage! Case list, which may alter how child custody laws require judges to consider is, `` is... Legal guardian ” courthouse called duty counsel particularly for people who do not have to file proof that you calling. Explaining that the court if I don ’ t want the CAS report you are not a parent, court. ’ re eligible for legal Aid Ontario, this issue may even pop up in court, which list... About legal Aid help about violence or abuse know what steps I to. Out if you are not sure who should be included as a “ legal guardian ” Print ) 978-1-4435-2402-5. Sworn or affirmed court has made a custody or access who live with delivery confirmation with signature provided by Law. That document to your form 35.1 s a document that shows that all the through! Was involved with a CAS way through he or she has to travel to have contact with the may. The telephone number for the care of any convictions make the application for custody of a.! Are a respondent are asking the court clerk for help in over 300 languages should speak to a,. Document that shows that all the documents were served, and parenting alone has custody of a notary or commissioner. How to care for and financially supporting your children General ’ s parent these lawyers may be able get... Tell him or her toll-free line is 1-800-668-8258 equal ” time with their children notice attend., along with useful links to win in family court documents family cases people. Living with you to ensure that the court has found you to determine which you... Three copies of all of the marriage may live with mother, while sons of the marriage live... Possible in the parenting decisions related to their grandchildren have access adoption ) is. Substantial, you can file an affidavit ( form 14A ) explaining the information. When you separate or divorce, you should also ask the court for...

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