If There Is No Custody Agreement Who Has Custody in Ontario

If There Is No Custody Agreement, Who Has Custody in Ontario?

When parents of minor children separate or divorce, they must come to an agreement regarding their children`s custody. However, not all parents arrive at a consensus, and sometimes there is no formal custody agreement in place. In such cases, parents may wonder who has legal custody of their children.

In Ontario, there is an assumption that parents have joint custody of their children when there is no custody agreement in place. This means that both parents have an equal say in making decisions about the child`s welfare, such as their education, health, and religion. However, joint custody does not necessarily mean that the child spends equal time with each parent. It simply refers to the parents` decision-making authority.

In some cases, one parent may have primary residence of the child, while the other parent has access rights. Access refers to the time a parent spends with the child and can include overnight visits, weekend visits, and holiday time. The access parent may still have input in big decisions regarding the child`s welfare, but the primary residence parent has the final say.

If the parents cannot agree on custody arrangements, they may need to seek legal intervention. In Ontario, the court can make an order for custody and access based on the best interests of the child. When making a decision, the court will consider several factors, including:

– The child`s age and needs

– The child`s relationship with each parent

– Each parent`s ability to care for the child

– The child`s preference, if they are old enough to express one.

It is important to note that the court`s decision is not necessarily final. Custody orders can be changed if there is a significant change in circumstances, such as a parent moving away or a child`s needs changing.

In conclusion, if there is no custody agreement in place in Ontario, both parents are assumed to have joint custody of their child. However, this does not necessarily mean that the child spends equal time with each parent. If the parents cannot agree on custody arrangements, the court will make a decision based on the child`s best interests. It is always recommended that parents seek legal advice to navigate custody issues and ensure the best possible outcome for their children.