Seeking full custody of your child in Canada can be a complex journey. It’s crucial to understand the nuances of Canadian family law and how the court perceives such cases. Let’s delve into what you need to know.

Updated Legal Terminology As of March 1, 2021, the Canadian Divorce Act has evolved. Terms like “custody” and “access” have been replaced with “parenting time” and “decision-making responsibility.” Rather than hearing about full custody, you might be discussing complete parenting time and decision-making authority. However, such scenarios are exceedingly rare and often involve severe family issues like violence. If you feel violence maybe an issue and you need help proving this to the court, Discreet Investigations may be able to help you acquire this evidence.

The Rarity of Sole Custody In Canada, arrangements resembling sole custody are uncommon. Courts recognize that, typically, a child’s welfare is best served by maintaining relationships with both parents. Equal or near-equal parenting time and shared decision-making responsibility are preferred, known as shared custody.

Criteria for Sole Custody Sole custody may be considered in specific circumstances, such as:

  • Established instances of family violence.
  • Irresponsible exercise of decision-making by a parent.
  • Severe substance abuse or mental health issues impacting a parent’s ability to care for the child.
  • Lack of involvement or long-term absence of a parent in the child’s life.
  • Criminal history or social issues of a parent that negatively affect the child.

To argue for predominant decision-making rights and parenting time, substantial evidence is necessary. This might include demonstrating family violence or the other parent’s failure in providing proper care and guidance.

The Role of Child Custody Evaluators Child custody evaluators play a vital role. They assess the child’s wellbeing through various means, including reviewing health and school records, interviewing parents, and conducting psychological tests. Their findings are pivotal in court decisions.

Parenting Orders and Co-Parenting Parenting orders detail specifics like the child’s residential schedule, medical appointments, and extracurricular activities. Courts consider both parents’ schedules and the child’s relationships with family members while crafting these orders.

Creating parenting orders during the divorce settlement negotiation is often advantageous. Knowing your and your child’s schedules and needs helps in formulating practical arrangements.

It’s Important That You Get The Necessary Help. Most people understand they need a good lawyer but a mediator who specializes in divorce settlements can also be very helpful. And in more extreme situations you may consider hiring Discreet Investigations to acquire the body of evidence necessary for an outcome best for the child.

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