When parents separate or divorce, one of the most difficult decisions they will have to make is who will have primary custody of the children. In many cases, the decision is made by a judge, but in some cases, the parents may be able to come to an agreement on their own. There are several factors that a judge will consider when making a decision about child custody, and these factors will vary from case to case.
If you’re looking for child custody lawyers or car accident lawyers, Nanda & Associate Lawyers is the right place for you.
Separating from your partner is never easy, but it’s especially difficult when you have children. You’ll want to do everything you can to ensure your children are taken care of, which means understanding the child custody process in Ontario. This guide will walk you through everything you need to know about it, from the different types of custody to creating a parenting plan.
What Are Your Options?
When you’re going through a divorce or separation, you’ll need to decide on a parenting arrangement for your children. Parenting arrangements can be either formal or informal, and there are several options to choose from.
I. Formal Parenting Agreements
Formal parenting arrangements are made through the court system, either by reaching an agreement with your ex-partner or going to court. For example, a court order could settle who your child lives with and how much time they spend with the non-custodial parent.
There are many factors the court will consider while deciding on the arrangements for a child, and each situation is very different. If you cannot reach a resolution, it’s highly recommended to seek legal advice as your case will be handled by children’s law solicitors or litigation lawyers.
II. Informal Parenting Agreements
Informal parenting arrangements are made outside the court system, often by reaching an agreement with your ex-partner without legal assistance. For instance, joint shared care involves children dividing their time between both parents’ homes after separation or divorce.
In turn, informal arrangement strays well away from what a court decides is in the child’s best interests, so there is no legal backing to ensure these arrangements are followed through. The terms “informal parenting arrangement” or “agreement” refer to any agreement made between ex-partners directly rather than by law.
How Do I Make a Parenting Plan?
Parenting plans are agreements that outline how parenting time will be divided between both parents.
If you and your ex-partner can agree on parenting time, you can create a parenting plan yourselves. If you cannot reach an agreement, you may want to consider mediation or arbitration.
Child custody can be a complex and sensitive issue. If you are involved in a child custody case in Ontario, it is imperative to seek legal advice to ensure that your rights are protected. At Nanda & Associate Lawyers, we have a team of experienced family law lawyers who can provide you with the guidance and support you need. Contact us today to schedule a consultation. We also offer refugee claims, common law sponsorship, and commercial real estate lawyer services.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
