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Child Custody in Ontario

After Divorce or Separation

If you are  a parent in a child custody dispute in Ontario, you want to find ways to minimize the pain and disruption your separation and divorce are having on your children. At our Toronto or Hamilton offices, a family lawyer at Niren Family Law Practice will give you several options for resolving your child custody and access issues.

The Family Law Act of Ontario puts the best interests of children ahead of their parents. In child custody disputes in Ontario, a judge will decide which parent is more suitable to be able to provide for the health, education and welfare of a child. The court may call on the services of the Office of the Children's Lawyer and other professionals to help determine who should have custody.

All of these professionals will work to find the best custody situation for your child or children, but they are removed from your family's unique situation. In the end, all of these people are strangers, who do not know you, your spouse or your child. It is always best to try to negotiate your custody and access arrangements with your spouse, unless there has been abuse.

A Niren Family Law Practice family lawyer can explain the different types of child custody arrangements and how you can negotiate them with your spouse in order to avoid having all of the decisions made by a court.

Over the past few years, family law has been moving away from the traditional "sole custody" arrangement in which one parent makes all of the decisions for the child and provides all of the care-giving. "Joint" and "Shared Child Custody" are becoming increasingly popular and workable for many families.

More recently, there has also been a movement away from going to court to resolve child custody disputes. Alternative Dispute Resolution (ADR), including collaborative law, is being used by many couples to develop Parenting Plans that spell out the roles of each parent in the child's life. Family Courts themselves are encouraging parents to negotiate a Parenting Plan rather than litigating child custody and access.

With the help of an effective family lawyer who is experienced in alternative dispute resolution, you can reduce the conflict that is often the part of divorce that causes the most difficulty for your children, despite your best efforts to shelter them and make decisions in their best interest.

In some cases, negotiation may not be possible. If you need help deciding how to deal with your child custody and access agreement, or to develop a Parenting Plan, contact a Niren Family Lawyer for an initial consultation.