Child Visitation Rights: Custody and Access for Children when Separating

CUSTODY vs. ACCESS or VISITATION

When parents separate the continued care and welfare of the children become major issues.  Unless all parenting rights and responsibilities for the children are agreed upon between the parents to be equally shared, typically one parent will keep the majority of the day-to-day responsibilities, decision-making rights, and the physical care of the children (“custody”).  The other parent will have the right to visit with the children and the right to be kept informed about the children’s health, education, and welfare (“access”).

CHILD’S BEST INTERESTS

child-custody When parents who separate cannot agree on the parenting arrangements for the children, they can go to a court have a judge make the decision.  Under the Divorce Act and the Children’s Law Reform Act, a judge must decide “the best interests of the child” when making an order for custody and access.  The judge must consider a number of factors including: the emotional ties between the child and each parent, proposed plans for the child, stability of the home environment, each parent’s capabilities and willingness to parent, and, depending on the age and maturity of the child, the child’s wishes.

ACCESS TERMS

Once the judge has determined that it is in the best interests of the child that an access order should be made, the judge must then focus on the terms of access, including: overnight and weekend periods of stay, holiday schedules, and vacation.  The terms of access can be flexible (for example, “liberal and generous”) or structured (for example, “alternate weekends”), depending on the facts of the specific case.

SUPERVISED vs. UNSUPERVISED ACCESS

Access is normally unsupervised, however, where there are genuine and well-founded concerns about the safety of the children and/or for the custodial parent, the court can require visits or exchanges with the children to be “supervised”.  Supervised access is a restrictive form of access where the visits are monitored by the custodial parent, a third-party, or a Supervised Access Program, to ensure the safety of all participants.

Supervised access is typically not a permanent provision ordered by the court, instead it usually operates as temporary measure to resolve any difficulties or concerns with access.

When considering custody and access issues, it is important to 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.

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By candice - Last updated: Tuesday, October 20, 2009
Filed in Child Custody in Ontario, Child Support, Collaborative Law • Tags: ,