Best Child Visitation Lawyers in Pickering

About Child Visitation Law in Pickering, Canada

Child visitation, also known as parenting time or access, refers to the right of a non-custodial parent or another significant person (such as a grandparent) to spend time with a child following separation or divorce. In Pickering, Ontario, child visitation is governed by provincial and federal laws that aim to uphold the best interests of the child. Arrangements can be informal (agreed upon between parents) or formalized by the courts via a parenting plan or court order. The law strives to ensure that children maintain meaningful relationships with both parents, provided it is safe and beneficial for their well-being.

Why You May Need a Lawyer

Legal issues surrounding child visitation can be complex and emotionally charged. You may require a lawyer if:

• There is a dispute over the amount or schedule of visitation.
• There are concerns about the child's safety during visitation (e.g., domestic violence, substance abuse).
• One parent is withholding access or not following court orders.
• You wish to modify existing visitation arrangements due to changes in circumstances.
• You are a grandparent or extended family member seeking access.
• There are cross-border or interprovincial aspects to your case.
• Enforcement of an existing order is required.

Local Laws Overview

Pickering falls under the jurisdiction of Ontario’s Children’s Law Reform Act and the federal Divorce Act (for married parents). Key aspects include:

• Best Interests of the Child: All visitation decisions center around what is best for the child, considering their emotional, physical, and psychological needs.
• Parenting Orders: Courts may issue orders setting out parenting time (visitation) and decision-making responsibility (custody).
• Parenting Plans: Parents are encouraged to create voluntary agreements that detail how time will be shared and how decisions will be made.
• Enforcement: Ontario Family Courts can enforce visitation orders. Failing to comply can lead to legal consequences.
• Supervised Visitation: If safety is a concern, visits may be supervised by a third party or occur at a designated center.
• Modification: Visitation orders can be changed if there is a significant change in circumstances.

Frequently Asked Questions

What happens if we can't agree on a visitation schedule?

If parents cannot agree, a family court can determine a schedule based on the child's best interests. Mediation is often recommended before court intervention.

Can grandparents or other relatives get visitation rights?

Yes, non-parents such as grandparents can apply to the court for access if it is in the child's best interests.

What factors do courts consider when deciding on visitation?

Courts prioritize the child’s needs, the relationship with each parent, the child’s wishes (if age-appropriate), and any history of family violence or neglect.

What if the other parent refuses to allow scheduled visits?

You may apply to the court to enforce the visitation order. Courts can impose penalties for non-compliance.

Is supervised visitation permanent?

Supervised access can be temporary or long-term, depending on risk factors. It may change if circumstances improve and the court is satisfied the child is safe.

At what age can a child decide not to visit the other parent?

There is no set age. Courts consider the child's wishes based on maturity and reasons but ultimately focus on the child’s best interests.

Can visitation be denied if child support is unpaid?

No. Child support and visitation are separate issues. A parent cannot deny access due to unpaid support.

How do I change an existing visitation order?

You must apply to the court and show a significant change in circumstances since the last order (e.g., relocation, changes in work schedule, health issues).

Can I move with my child if I have primary custody?

Relocation usually requires notifying the other parent and possibly seeking court approval, especially if the move affects the current visitation arrangement.

What happens if there are safety concerns during visitation?

The court can order supervised visits, restrict visitation, or suspend it altogether to protect the child’s safety.

Additional Resources

Several organizations and governmental bodies offer support and information in Pickering and the wider Durham Region:

• Durham Family Court: Handles family law applications, including visitation.
• Legal Aid Ontario: Provides free or low-cost legal aid to eligible individuals.
• Family Law Information Centre (FLIC): Offers information sessions and referrals to community resources at local courthouses.
• Ontario Ministry of the Attorney General: Offers guides and forms for family court processes.
• Durham Children's Aid Society: For cases involving child protection concerns.
• Supervised Access Services: Local organizations facilitating safe, supervised visitation when necessary.
• Mediation Services: Community agencies offering mediation to help resolve disputes outside of court.

Next Steps

If you need help with child visitation issues in Pickering, consider the following actions:

• Gather all relevant documents (court orders, correspondence, parenting plans, etc.).
• Contact a family law lawyer for legal advice specific to your situation.
• Access free information through Legal Aid Ontario or your local Family Law Information Centre.
• If eligible, apply for legal aid or seek mediation services to resolve disputes.
• If an urgent issue arises (such as denial of visitation or safety concerns), contact a lawyer or the court as soon as possible for assistance.