CHILD CUSTODY (currently called Decision Making Authority)

Child Custody (currently called Decision Making Authority)

Child Custody (currently also called: "Decision making authority") - determines which parent has a right to make the decisions about the children’s health, education and religious upbringing.  There are many custodial arrangements.  When parents have joint decision making authority, they are expected to make these decisions together.  When one parent has sole decision making authority, he or she is the only one who makes these decisions.

Decision making authority does not determine who the children live with.  In joint decision making authority arrangements the children can reside with one parent or they can divide their time between the households of both of their parents, equally or unequally.

Ontario courts consider several factors when determining what custody arrangement is in the child’s best interests, including:

• The child’s physical, emotional, and psychological needs.
• The relationship between the child and each parent.
• The ability of each parent to care for and meet the child’s needs.
• Any history of domestic violence or abuse.
• The child’s views and preferences (if they are old enough and mature enough to express them).

Court Involvement

If parents cannot resolve custody issues themselves, they may need to seek a court order. The court considers evidence and arguments from both parents and may appoint a lawyer or a child representative to advocate for the child’s best interests.

In cases where there is a concern about the child's safety, such as in cases of abuse or neglect, the court may prioritize the safety of the child and make orders to protect them.

Overall, the focus in Ontario is to ensure that custody and access arrangements best support the well-being and stability of the child.