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What Are My Child Visitation or Access Rights as a Non-Parent?
Access for Parents
Access (also known as “visitation”) is the child’s right to have contact with his or her non-custodial parent after a separation or divorce. Access can be determined informally between the parents, by way of a written agreement, or a court can make an order.
Who else may Seek Access?
In addition to a biological parent, other persons who have had or want to have a relationship with a child may also seek reasonable access pursuant to section 21 of the Children’s Law Reform Act and section 16(3) of the Divorce Act. “Non-parents” include grandparents and other relatives, step-parents, and common-law partners who are not the biological parent of the child.
Procedure for Grandparents and other Non-Parents to Request Access to a Child
Non-parents must seek leave (permission) from the court to submit an application for access. A court can grant an order for access to a non-parent under a number of circumstances, including where the non-parent has had a close relationship and is seeking to continue to spend time with the child. The merits of an application for access are determined based on whether it would be in the child’s “best interests” and whether there is “some beneficial connection” between the non-parent and the child. J.H. v. B.G. (1993).
Considerations for Granting Access to Non-Parents
As a general rule, biological parents have the right to determine with whom their children will associate. However, a judge can override a parent’s access decision on the premise that the child would benefit from having contact with the non-parent, particularly if there is a genuine bond between the child and the non-parent and whether severing any pre-existing relationship would have an adverse impact upon the child.
An order for access will not be granted if the biological parent can provide compelling reasons that denying access to the non-parent would be in the child’s best interests.
Contact a Family Lawyer who can assist you in understanding the judicial process and your rights and obligations before filing an application for access with the court. Call Niren and Associates Family Law Practice at 416 222 4555 or email us at info@divorcesupport.ca.
Filed in Child Visitation • Tags: Children’s Law Reform Act, Divorce Act, Grandparent Visitation, Step Parent Visitation
Who Gets the Kids? Custodial Arrangements
When a couple separates they must decide how they will share their parenting rights and responsibilities of the children. Several decisions must be made including which parent has the right to make the important day-to-day decisions about the care and upbringing of the children and with which parent the children will reside.
In the absence of a court order or a provision in a separation agreement, either parent has an equal right to the custody of their children. Typically, custody of a child involves the physical care and control, as well as the decision-making authority over the child.
The Children’s Law Reform Act and the Divorce Act direct courts to determine matters relating to child custody on the sole basis of what is in the best interests of the child. In determining the child’s best interests, the court must consider several factors including the physical, emotional, and economic needs of the child.
Four Types of Child Custody
There are four main types of custody: sole, joint, shared, and split.
- Sole custody is where the child primarily resides with one parent, who is also the child’s primary caregiver and has the legal right to make all major decisions.
- Joint custody provides each parent with equal parental responsibility and with decision-making authority relating to the child.
- Shared custody allows parents to jointly exercise parenting authority with the child dividing his or her time between the respective homes, spending an equal amount of time with each parent.
- Split custody is where there is more than one child and the children are separated and living with different parents.
The definitions of the four custodial arrangements are not fixed and parents and/or the court may combine various aspects of different custodial arrangements to suit the particular set of circumstances for an individual family.
It is important for parents to know their custodial rights, contact a Family Lawyer who can advise you as to your rights and that of the best interests of your children. Call Niren and Associates at 416 222 4555 or email us at info@divorcesupport.ca.
Filed in Child Custody in Ontario, Questions and Answers • Tags: Children’s Law Reform Act, Divorce Act