Best Child Custody Lawyers in Markham

About Child Custody Law in Markham, Canada

Child custody law in Markham, Ontario, is governed primarily by the federal Divorce Act and the provincial Children’s Law Reform Act. Child custody refers to the rights and responsibilities of parents to care for and make decisions regarding their children following a separation or divorce. The law encourages arrangements that serve the best interests of the child. This can include different forms of custody, such as joint custody (where both parents share responsibilities) or sole custody (where one parent has the primary responsibility). In Markham, as in the rest of Ontario, both parents have an equal right to seek custody and visitation (now often called “parenting time”), but decisions are based on what is best for the child, not necessarily the parents’ preferences.

Why You May Need a Lawyer

Navigating child custody issues can be stressful and complicated. The following situations commonly require legal assistance:

• You and the other parent disagree on parenting arrangements, such as where the child should live or who should make key decisions.
• There are concerns involving child safety, domestic violence, or abuse.
• One parent wishes to relocate with the child, affecting custody or parenting time.
• You need to formalize a custody arrangement through a court order or draft a legal agreement.
• There are complex factors, like blended families, step-parents, or non-parent caregivers involved.
• You require enforcement of an existing custody order, or wish to change (vary) a previous agreement.

Even if parents mostly agree, a lawyer can help ensure arrangements are clear, fair, and legally binding.

Local Laws Overview

In Markham, as part of Ontario, child custody and access (now referred to as “decision-making responsibility” and “parenting time”) are governed by the federal Divorce Act for married parents seeking divorce, and the provincial Children’s Law Reform Act for unmarried or non-divorcing couples.

• Best Interests of the Child: All custody decisions prioritize the child’s best interests, considering factors like the child’s needs, relationship with each parent, stability, and the parents’ ability to provide care.
• Decision-Making Responsibility: This refers to who has the authority to make significant decisions regarding the child’s welfare, such as education, health, and culture.
• Parenting Time: Determines how much time each parent spends with the child. Both parents are usually encouraged to have as much contact as possible with the child, unless there are safety concerns.
• Enforcement and Variation: Existing orders or agreements can be enforced or changed if circumstances significantly change.
• Parental Relocation: Relocating with a child may require the other parent’s consent or court approval if it affects existing arrangements.

Disagreements are ideally resolved through negotiation or mediation, but courts can become involved if parents cannot agree.

Frequently Asked Questions

What types of custody arrangements exist in Markham?

Custody arrangements can include sole custody (one parent makes major decisions), joint custody (both parents share decision-making), and split or shared custody (children live with each parent for a significant amount of time). The terminology now focuses on "decision-making responsibility" and "parenting time."

How does the court decide who gets custody?

The court always puts the best interests of the child first, considering the child’s needs, each parent’s ability to care for the child, relationships with significant people, and any history of family violence.

Can my child decide where they want to live?

Children’s wishes may be considered by the court, especially as they get older, but are not the deciding factor. The court weighs many factors to determine what is best for the child.

What is “parenting time”?

Parenting time is the time the child spends with each parent. It replaces the older term “access,” emphasizing the right of the child to spend time with both parents.

Do grandparents or other relatives have custody or access rights?

Yes, grandparents or others playing a significant role in the child’s life can apply for custody or access if it is in the child's best interests.

Can custody or parenting arrangements be changed?

Yes, custody and parenting time arrangements can be changed if there is a significant change in circumstances, such as a parent moving or a change in the child's needs.

Can I move with my child to another city or province?

A parent who wishes to relocate with a child must typically obtain consent from the other parent or a court order, particularly if the move impacts existing parenting arrangements.

Is mediation available for child custody disputes in Markham?

Yes, family mediation services are available to help parents resolve disagreements without going to court. Mediation is often faster and less adversarial.

What if there are concerns about my child’s safety with the other parent?

If safety is a concern, it’s important to inform your lawyer or the court. The child's well-being is paramount, and special arrangements (like supervised parenting time) may be put in place.

Do I need a written agreement if we agree on custody?

While not legally required, it is strongly recommended to have a written and legally binding agreement. This helps prevent misunderstandings and can simplify enforcement if disputes arise later.

Additional Resources

• Ontario Ministry of the Attorney General: Provides information on family law, family court services, and legal aid.
• Family Law Information Centres (FLIC): Local centers offer free information on family law and court procedures, often located within courthouses.
• Legal Aid Ontario: May provide legal assistance for people who qualify financially.
• Law Society of Ontario: Offers a lawyer directory and information on finding qualified legal professionals.
• York Region Family Court: Local family court for proceedings concerning child custody and related matters.
• Community Legal Clinics: Some offer family law advice or can refer you to appropriate services.
• Supervised Access Centres: Provide a safe, neutral place for visits where necessary.

Next Steps

If you are dealing with a child custody situation in Markham, these steps can help you proceed:

1. Gather all relevant documents such as birth certificates, existing agreements or orders, and any court documents.
2. Consider your goals and what you believe is in the best interests of your child.
3. Contact a family law lawyer or your local Family Law Information Centre for legal advice tailored to your situation.
4. If both parents are willing, explore mediation or alternative dispute resolution before pursuing court action.
5. If there is any risk of violence or safety concerns, prioritize your and your child’s safety and speak with professionals immediately.
6. Keep detailed records of all communications and decisions made regarding your child.

Remember, each family’s situation is unique. It’s important to seek qualified legal advice to ensure your rights and your child’s interests are protected. Early legal guidance can help you understand your options, reduce stress, and achieve a fair outcome.