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Child custody law in Stratford, Ontario, falls under both provincial and federal laws. The term "custody" refers to the rights and responsibilities of parents to care for and make decisions about their child following a separation or divorce. In Stratford, as elsewhere in Canada, the primary consideration in any custody case is the best interests of the child, including their physical, psychological, and emotional welfare. Custody arrangements can include joint custody (both parents share decision-making), sole custody (one parent has decision-making authority), and various forms of shared or split custody.
There are many situations where seeking legal advice for child custody in Stratford is important:
A family lawyer can provide guidance, represent you in negotiations, draft legal documents, and ensure your and your child’s rights are protected.
In Stratford, child custody matters are governed by federal laws, such as the Divorce Act (for married couples), and provincial laws, such as Ontario’s Children’s Law Reform Act (for both married and unmarried couples). Key aspects include:
Custody refers to which parent (or both) has the legal responsibility to make decisions about a child's upbringing, including education, health care, and religion. The child may live primarily with one parent or split their time between both.
Custody is about decision-making and responsibility for the child, while access (or parenting time) refers to the right of the child to spend time with a parent they do not primarily live with. Recent legal updates use the terms "decision-making responsibility" and "parenting time" instead.
The court’s primary consideration is the best interests of the child. Factors include the child's emotional ties, each parent’s ability to care for the child, stability, and the child's wishes (depending on age and maturity).
Yes. Non-parents, such as grandparents or other relatives, can apply for custody or access if it is in the child’s best interest, but the court will look at the child’s relationship with those individuals and other factors.
Children’s views may be taken into account, especially as they get older or demonstrate maturity, but their preference is just one of many factors considered. The ultimate decision is based on the child’s best interests.
Joint custody is increasingly common, as courts recognize the importance of both parents remaining involved, provided it serves the child’s best interests and parents can cooperate effectively.
If a parent wants to relocate and it significantly affects the child’s relationship with the other parent, they must seek court approval or get the other parent’s consent. The court will assess how the move impacts the child’s best interests.
You can apply to the court for a variation if circumstances change significantly (for example, one parent’s living conditions change or the child’s needs change). The court will review if the proposed change is in the child’s best interests.
Yes. Family mediation services are available in Stratford and across Ontario to help parents reach custody and parenting agreements outside of court. Mediation encourages cooperation and can be less stressful and costly than litigation.
If you believe your child is at risk, speak with a lawyer immediately. Courts can make orders to protect children, including supervised visits, restraining orders, or eventually suspending access, based on the evidence presented.
If you need legal assistance with a child custody matter in Stratford:
Taking these steps will help you navigate the complexities of child custody in Stratford and ensure you have the support and knowledge you need throughout the process.
