Custody of Children and Access

Child custody decisions prioritize the child’s best interests above all else. The Family Law Act governs custody matters.

What is custody?

Section 2(1) of the Family Law Act defines “custody” as,“the right to possession and care of a minor;”

What are the types of custody?

• Sole Custody:

One parent has primary custody, while the other parent is typically granted visitation rights. One parent has all the decision-making responsibilities towards the child.

• Joint Custody:

Both parents have custody, whereby they share the decision-making responsibilities and time with the child. One parent is granted primary care and control of the child, while the other is usually granted liberal access.

Some factors considered by the Court:

The Court evaluates:

• The first and paramount consideration – the welfare of the child;
• The emotional and physical needs of the child;
• Each parent’s ability to provide a stable and nurturing environment for the child; and
• Religious and cultural background;
• Separation of siblings;
• The child’s wishes (if the child is of a sufficient age and maturity).

Applications for custody and access can be made through the Family Court.