👨‍👧 Child Custody Access Lawyer Sudbury ON

Historically, 'custody' referred to decision-making authority over a child's major life decisions — education, healthcare, religion, and extracurricular activities — while 'access' referred to time spent with the child. Since March 2021, the federal Divorce Act no longer uses 'custody' and 'access': courts now assign 'decision-making responsibility' and 'parenting time' through a parenting order, based only on the best interests of the child. Parenting time can be split in many ways depending on what is in the child's best interests.

Courts apply the 'best interests of the child' standard. The factors are set out in section 16 of the Divorce Act and include the child's relationship with each parent, the ability of each parent to meet the child's needs, the child's own views and preferences (given weight according to age and maturity), any history of family violence, and the willingness of each parent to support the child's relationship with the other parent — with primary consideration given to the child's safety, security, and well-being. We build your case around these factors.

Yes — parenting orders can be varied if there has been a material change in circumstances since the last order was made. A change in either parent's work schedule, a relocation, a change in the child's needs, or a significant change in the child's own wishes can all justify a variation application. We advise you on whether your circumstances meet the threshold and how to proceed.

Relocation cases are among the most contentious in family law. The relocating parent must give notice and, if the other parent objects, must satisfy the court that the move is in the child's best interests. The non-relocating parent can oppose. We have experience on both sides of relocation disputes and can advise you on your rights and options.

Under the Children's Law Reform Act, grandparents and other third parties may apply to the court for contact with a child. The court will consider whether the contact is in the child's best interests. While grandparents do not have automatic rights equal to those of parents, Ontario courts do recognize the value of these relationships and will consider them seriously.