Filing for Child Custody in Ontario
The Divorce Act of 1985 defines the laws concerning separation and divorce in Canada. While the law cover a variety of issues involved with dissolution of marriage, it does not specifically deal with issues of child custody. In Ontario, a court will decide child custody if the parents cannot form a custody agreement before a divorce hearing. To petition for child custody, you must follow the divorce procedures and make a case for custody in court during a divorce trial.
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Instructions
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File for divorce from your spouse at a family court in a jurisdiction where the child lives. For a list of all family law courts in Ontario, see Resources.
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Draft a separation agreement with the spouse you are divorcing. If you are divorcing on amicable terms and you agree on all of the conditions of child custody, then writing a separation agreement and signing it would be the easiest way for a court to award child custody. This is only the case in a divorce that is not contested, or in a case where both parents agree on all of the custodial terms.
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Collect evidence that shows why you should obtain sole child custody or should be the custodial parent. In Canada, the court usually determines custody based on who has been the child’s primary caregiver and what is in the child’s best interest. If the status quo in the relationship is that both parents have been good parents and the child is cared for well by both parents, the court will most likely award shared custody. If you believe you have been the primary caregiver to the child, for example a stay-at-home parent, or your spouse has endangered the child in some way (drugs, abuse), then you need to collect evidence of these factors to present to the court during your divorce hearing.
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Go to court. During the trial, you will be able to present your evidence for why you should get custody, which may include presenting hospital records, police reports, and even calling witnesses. It is important to present the evidence as thoroughly and truthfully as possible.
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Tips & Warnings
If you are trying to obtain child custody and your spouse contests your grounds for divorce, separation agreement, or desire for custody, it would be in your best interests to hire an experienced family law attorney. An attorney can represent your interests in being the child’s primary caregiver, can present evidence and call witnesses to testify on your behalf. An attorney will also be able to file an appeal if you are not awarded sole custody.
References
Resources
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