Best Child Custody Lawyers in Aurora

About Child Custody Law in Aurora, Canada

Child custody law in Aurora, Ontario, is shaped by provincial and federal legislation, primarily governed by the Children’s Law Reform Act (Ontario) and the Divorce Act (Canada). Child custody involves legal decisions about where a child will live, who will care for them, and how parental responsibilities and decision-making are shared following a separation or divorce. The guiding principle is always the "best interests of the child," which considers the child’s emotional, physical, and psychological well-being.

Why You May Need a Lawyer

Many situations can arise that make legal advice essential in child custody matters. You may need a lawyer if you are:

• Going through a separation or divorce and need to arrange custody agreements.
• Facing disagreements or disputes with your former partner regarding parenting time or responsibilities.
• Concerned about your child's safety or well-being with the other parent.
• Seeking to modify an existing custody or access order due to changed circumstances.
• Dealing with parental relocation (moving a child to a new city or province).
• Involved in situations where substance abuse, domestic violence, or neglect is a concern.
• Needing to establish legal paternity or parental rights.

Lawyers help by providing guidance, negotiating fair agreements, representing you in court, and ensuring your and your child’s rights are protected.

Local Laws Overview

In Aurora, family law is regulated by Ontario’s legal framework, with some interplay from federal statutes. Key aspects include:

• Types of Custody: Custody may be sole (one parent has full responsibility) or joint (shared responsibilities). Parenting time and decision-making responsibilities are now commonly used terms instead of traditional “custody” and “access.”
• Best Interests of the Child: Courts focus on the child’s welfare, considering factors like stability, relationships with each parent, and the child’s wishes (depending on age and maturity).
• Parenting Plans: Parents are encouraged to create plans outlining decision-making and schedules. If an agreement cannot be reached, the court will decide.
• Parenting Orders: Legal orders may formalize living arrangements, parental responsibilities, and contact with non-custodial parents.
• Enforcement: Court orders are enforceable. If one parent doesn’t comply, legal remedies are available.
• Modification: Orders and agreements can be changed if there are significant changes to circumstances (e.g., job relocation, remarriage).

It is important to act within the specific legal frameworks applicable in Ontario to ensure the validity and enforceability of custody arrangements.

Frequently Asked Questions

What is the difference between custody and access?

Custody refers to the right to make important decisions about the child’s upbringing, while access (now called parenting time) refers to the time a child spends with each parent.

Who decides which parent gets custody?

Parents are encouraged to agree on arrangements themselves. If they cannot, a family court judge will decide based on the best interests of the child.

Can children decide which parent to live with?

Children’s views are considered, especially as they get older, but the final decision is based on what the court determines is in the child’s best interests.

How is "best interests of the child" determined?

Courts look at multiple factors, including the child’s relationship with each parent, the stability of each home, the parent’s ability to care for the child, and (when appropriate) the child’s own wishes.

Do grandparents have custody or access rights?

Yes, grandparents (and other significant people) can apply for access if it’s in the best interests of the child, though parents’ rights generally take priority.

What happens if one parent wants to move with the child?

Relocation cases are complex. The parent wishing to move must demonstrate to the court why the move serves the child’s best interests, and the other parent has the right to object.

What if a parent doesn't follow the custody order?

The other parent can apply to the court for enforcement. Courts have several remedies, including changing the order, fines, or, in severe cases, changing custody.

How are child custody decisions enforced?

Court orders are legally binding. Enforcement can involve legal actions and, in urgent cases, the involvement of local police or children’s aid organizations.

Can custody arrangements be changed?

Yes, if there are significant changes to the situation, either parent can apply to the court to change the order.

Are there alternatives to going to court?

Yes, mediation, negotiation, and collaborative law processes can help resolve disputes without going to court. These are often faster, less expensive, and less adversarial.

Additional Resources

If you need more information or support regarding child custody in Aurora, consider the following resources:

• Ministry of the Attorney General (Ontario): Offers guides, forms, and information about family law and court processes.
• Family Law Information Centres (FLIC): Located in many courthouses, including those serving the Aurora area. They offer free information and resources.
• Legal Aid Ontario: Provides legal assistance to eligible individuals in family law matters, including child custody.
• Law Society of Ontario: Provides a referral service to find qualified family law lawyers.
• Children’s Aid Society: Offers help when there are concerns about a child’s safety or welfare.
• Community Legal Clinics: May offer limited legal services or advice for family law matters.

Next Steps

If you need legal help with a child custody matter in Aurora, consider the following steps:

1. Gather important documents and information related to your child and your relationship with the other parent (e.g., parenting schedules, correspondence, court orders).
2. Consider meeting with a family law lawyer or contacting Legal Aid Ontario to determine your eligibility for legal services.
3. Visit a Family Law Information Centre (FLIC) for free legal information and resources.
4. Explore alternative dispute resolution options, such as mediation or collaborative law, to resolve disputes outside of court.
5. If necessary, prepare to file or respond to an application for custody or parenting time in the Ontario family court system.
6. Stay focused on the best interests of your child in all discussions and negotiations.

Taking early action and seeking proper legal advice will help you navigate the process and protect your child’s well-being and your parental rights.