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In An Ontario Custody Battle, How Does The Court Determine The Best Interests Of The Child?

In an Ontario Custody Battle, How Does the Court Determine the Best Interests of the Child?

By , of Carmichael Law Professional Corporation posted in Child Custody on Friday, August 6, 2021.

Sometimes parents can’t agree on what’s best for their child and how custody should work. When that happens, a court may need to step in and make the call. But what does a judge take into account when they’re considering the outcome of a custody battle?

Courts use complex child custody laws and rules to determine the best interests of a child. They look at the facts of the situation, the child’s needs, and many other factors. A court battle can quickly get confusing and overwhelming for a parent, but an experienced family law lawyer could answer questions and seek the best possible outcome.

At Carmichael Law, we’re committed to helping you resolve custody disputes in a cost-effective and timely manner. We understand how difficult a custody battle can be. That’s why we’re here to provide the practical advice and guidance our clients need through every step of their case.

To meet with our team and discuss your needs, contact our law firm today. We’re here to provide the answers and the help that you need.

Child Custody Laws in Ontario

If you are involved in a custody battle in Ontario, the judge won’t be making custody decisions on their own. They’ll need to follow the procedures laid out in the law. Specifically, the Divorce Act and the Children’s Law Reform Act may apply in certain situations:

  • If the parents are married and it comes to an end, courts may involve the Divorce Act. Under that law, courts must take the best interests of the child into account when dealing with custody issues.
  • If couples separate or aren’t married and have children, then courts may use the Children’s Law Reform Act. Like the Divorce Act, this important law includes a variety of procedures and standards the courts need to apply to make decisions about a child custody case.

Best Interests of the Child Standard in Ontario

When a child custody dispute comes up in Ontario, it will involve the “best interests of the child” standard. Therefore, the court should consider a child’s physical, emotional, and psychological safety while taking into account the following:

  • The child’s age, development needs, and stability needs
  • The child’s relationship with each parent, close family members, and other important people
  • A parent’s willingness to support and maintain the child’s relationship with the other parent
  • Childcare history
  • The child’s views and preferences
  • The child’s cultural heritage and upbringing
  • Childcare plans
  • A person’s ability to provide care
  • Willingness to communicate and cooperate on matters involving the child
  • Any history of family violence
  • Any civil or criminal proceedings that could impact the child

How an Ontario Lawyer Can Help

A custody battle can be a stressful and traumatizing time for everyone involved. But a lawyer could help in many ways. They could assist you by:

  • Serving as an advocate for you and your child throughout the custody process
  • Answering your questions about the law
  • Gathering important evidence to help your case
  • Explaining your options and working toward your goals
  • Standing up for you and your rights in any negotiations or proceedings

If you are dealing with custody issues and you need support, contact an Oshawa family lawyer at Carmichael Law now. Our attorneys have years of experience helping parents and their children through custody issues. Conveniently located in downtown Ontario, we’re always accessible and ready to talk with you.

At Carmichael Law, you are the focus of everything we do, and we’ll ensure you’re involved every step of the way. For your initial consultation about how we can help, get in touch with us by calling 905-571-5123 or reach us online now.

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