Best Child Custody Lawyers in Pickering

About Child Custody Law in Pickering, Canada

Child custody law in Pickering, Canada, is governed primarily by the federal Divorce Act, the Children’s Law Reform Act of Ontario, and related provincial family law statutes. “Custody” refers to the legal right to make important decisions about a child’s upbringing, including health care, education, and religion. “Access” concerns a parent’s right to spend time with the child. In all cases, the courts prioritize the “best interests of the child” as the guiding factor. Child custody arrangements can be reached voluntarily through agreement or, if necessary, through court intervention.

Why You May Need a Lawyer

There are many situations where seeking legal advice is highly recommended in the context of child custody. Legal assistance can be crucial if:

• You and your co-parent disagree about custody or access arrangements.
• There are concerns about your child’s safety or well-being.
• You need to enforce or modify an existing custody order.
• Your circumstances or your child’s needs have changed.
• You are dealing with parental relocation or abduction risks.
• You are facing complex legal, emotional, or cross-jurisdictional issues.
• There is a history of family violence or abuse.
• You are involved in a divorce or separation with complex asset or support considerations.

A lawyer can provide legal advice, help guide you through the family court process, draft necessary documents, negotiate on your behalf, and ensure your rights and your child’s best interests are protected.

Local Laws Overview

Families in Pickering fall under both federal and provincial family law. Generally, the following aspects are most relevant to local residents:

• Types of Custody: Sole custody (one parent has authority to make decisions), joint custody (both parents share in making significant decisions), and shared or split custody (as defined by time spent and decision-making responsibilities).
• Best Interests of the Child: Courts assess many factors, including the child’s needs, each parent’s ability to care for the child, stability, relationships to family members, past behaviour, and the child’s views where appropriate.
• Parenting Plan: Parents are encouraged to develop and submit a detailed plan for how they will co-parent their child.
• Enforcement and Modification: Custody and access orders can be enforced or changed by applying through the Ontario Family Court if there is a significant change in circumstances.
• Alternate Dispute Resolution: Mediation and other alternative methods are available to resolve disputes outside of court.
• Family Violence Considerations: The court takes allegations or evidence of abuse very seriously, which can significantly impact custody decisions.

Frequently Asked Questions

What does “custody” mean in Ontario family law?

Custody refers to the legal right to make major decisions about a child's care and upbringing, including education, religion, and medical care.

What is the difference between custody and access?

Custody is about who makes important decisions for the child, while access (also called parenting time) concerns the right to visit or spend time with the child.

Do mothers automatically get custody in Pickering?

No. The law doesn’t favour mothers or fathers. Decisions are always based on what is in the best interests of the child, considering all circumstances.

Can children choose which parent to live with?

Children’s views may be considered, particularly as they get older, but their wishes are only one factor courts consider when making a decision.

How can a custody agreement be changed?

Either parent may apply to change an existing order if there has been a significant or material change in circumstances relevant to the child’s welfare.

Is court always necessary to resolve custody issues?

No. Many custody matters can be resolved through negotiation, mediation, or collaborative family law processes. Court is generally a last resort.

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

Parental relocation is a complex issue and may require court approval, especially if it significantly affects the child’s relationship with the other parent.

What happens if a parent doesn’t follow a custody or access order?

If a parent is not complying, the other parent can apply to the court to enforce the order. There may be legal consequences for breaching a court order.

Do grandparents have any rights to custody or access?

Grandparents or other relatives can apply for custody or access but must demonstrate that it is in the child’s best interests.

How does family violence affect custody decisions?

The court takes family violence very seriously. Evidence of abuse or risks to the child’s safety can substantially affect who is granted custody or access.

Additional Resources

If you are seeking further help or information, consider contacting these organizations and resources:

• Ontario Ministry of the Attorney General - Family Law Information Centres (FLIC)
• Legal Aid Ontario - provides legal services for those who qualify
• Durham Region Family Court Office
• Law Society of Ontario - offers lawyer referral service
• Ontario Association of Family Mediation
• Resource centres and community legal clinics in Pickering and Durham Region

Next Steps

If you are facing a child custody issue in Pickering, here's how to proceed:

• Assess your situation and gather all relevant documents regarding your child, previous orders, and your relationship with the other parent.
• Consult with a qualified family lawyer who understands Ontario child custody law. Many lawyers offer an initial consultation.
• Explore alternative dispute resolution options, such as mediation, before going to court.
• If urgent or safety issues are present, consider seeking immediate legal advice or assistance from police or child welfare services.
• If you proceed to court, be organized and proactive in communicating with your lawyer and following legal processes.
• Stay focused on the best interests of your child throughout the process.

Child custody can be complex and emotional. Seeking professional advice and support is often the best way to protect both your interests and those of your child.