Best Child Visitation Lawyers in Markham

About Child Visitation Law in Markham, Canada

Child visitation, commonly referred to as "parenting time" in Ontario, refers to the arrangements that allow a parent or other significant person to spend time with a child following a separation or divorce. In Markham, child visitation is guided by federal and provincial laws that prioritize the best interests of the child. Parents are encouraged to come to agreements amicably, but courts may intervene if disputes arise. The law aims to maintain meaningful relationships between children and both parents whenever possible, so long as it’s in the child’s best interests.

Why You May Need a Lawyer

Navigating child visitation matters can be complex and emotionally charged. You might need legal assistance for several reasons, such as:

• Establishing or modifying a visitation schedule after separation or divorce.
• Dealing with disputes or disagreements about parenting time or access.
• Facing denial of access to your child by the other parent or guardian.
• Seeking supervised visitation due to safety concerns or allegations of abuse.
• Moving or dealing with proposed relocations affecting visitation arrangements.
• Enforcing existing visitation orders that are not being followed.
• Navigating complex family structures, including step-parents or grandparents seeking access.

Local Laws Overview

In Markham, child visitation laws are primarily governed by the following statutes:

• Federal Divorce Act: Applies to married couples who are divorcing, setting out standards for parenting time and decision-making responsibility (formerly "custody and access").
• Ontario’s Children’s Law Reform Act: Applies to separated parents who were never married or are not divorcing, outlining rules for parental responsibility and contact with a child.

• The best interests of the child are the top priority, including considerations around the child’s needs, relationships, safety, and stability.
• Both parents generally have a right to parenting time unless there are serious safety risks.
• Custom visitation arrangements can be formalized by agreement or ordered by the court.
• If parents cannot agree, court intervention will consider each situation’s specific circumstances.
• Courts can order supervised visits if required for the child’s safety.
• Failure to comply with visitation orders can have legal consequences, but the child’s welfare is always paramount.

Frequently Asked Questions

What does "parenting time" mean in Ontario?

"Parenting time" is the time a child spends in the care of a parent, as distinct from "decision-making responsibility" which involves making major decisions about the child's welfare. Parenting time can be shared equally or uniquely structured based on what's best for the child.

Can grandparents or other relatives apply for visitation?

Yes, Ontario law allows non-parents, such as grandparents or other relatives, to apply for a contact order if they can show an ongoing, beneficial relationship with the child and that access serves the child's best interests.

What if parents can't agree on a visitation schedule?

If informal efforts and mediation fail, either parent can apply to Ontario Family Court for a parenting order. The court will make a decision based on the child's best interests after hearing from both sides.

Can visitation be supervised?

Yes, the court can order supervised visitation if there are concerns about the child's safety, such as domestic violence, substance abuse, or risk of abduction.

What happens if a parent denies court-ordered visitation?

Refusing to comply with a court-ordered visitation schedule can result in legal penalties. The court can enforce the order, modify arrangements, or, in severe cases, consider sanctions like fines or changes to the order.

Is a written agreement about visitation enough?

While written agreements are helpful, it's recommended to have them formalized by the court so they are legally enforceable. This provides clarity and legal protection for both parties.

Can a child refuse to visit the other parent?

Older children's wishes are taken into account, but generally, parents are legally responsible for following visitation orders. If there's a concern, it should be addressed with the court.

What if one parent wants to relocate with the child?

Relocation affecting parenting time is a complex issue in Ontario. The moving parent must give proper notice to the other parent, and the court may be involved to determine if the move serves the child’s best interests.

Are visitation rights affected if a parent isn't paying child support?

No. Parenting time and child support are separate matters. A parent cannot legally withhold visitation because of unpaid support, nor can access be denied for this reason.

Can visitation schedules be changed?

Yes, if circumstances change, either parent can apply to the court to change the existing order. The primary consideration will always be the best interests of the child.

Additional Resources

Those seeking more information or support regarding child visitation in Markham, Canada, may find the following resources helpful:

• Ontario Ministry of the Attorney General: Provides guidance on family law, court forms, and public legal information.
• Family Law Information Centres (FLIC): Offers free information and referrals for family law matters at local courthouses.
• Legal Aid Ontario: Supplies legal assistance to eligible individuals, including advice and representation in family law cases.
• York Region Community Legal Clinic: Offers legal support for low-income residents of Markham and the greater York region.
• Separation and Divorce Resource Centres: Support and information for parents navigating custody and visitation issues.
• Ontario Association for Family Mediation: Services to help separated parents develop mutually agreeable parenting plans.

Next Steps

If you are dealing with child visitation issues in Markham, consider the following steps:

1. Document your situation: Keep a record of events, communications, and any existing agreements about parenting time.
2. Seek information: Review government and legal clinic resources or visit a Family Law Information Centre for general advice.
3. Attempt amicable resolution: If possible, communicate with the other parent to reach a mutual agreement, possibly with the help of a mediator.
4. Consult a legal professional: Speak with a family lawyer about your rights, obligations, and options for formalizing or enforcing a visitation schedule.
5. Apply to the court if needed: If negotiation fails, your lawyer can help you apply for a parenting order or modify existing arrangements.
6. Prioritize the child’s welfare: Always keep the child’s best interests and well-being at the forefront in any decisions or actions taken.