PARENTING TIME AND ACCESS
Parenting time and access refer to the arrangements made for children when their parents are no longer together. Where there is a conflict between you and your co-parent, and neither of you can agree on the parenting arrangement on your own, working with a family lawyer who understands the complexities of family law can ensure your parenting rights are protected.
Before signing an agreement
Custody agreements that outline parenting time and access hold significant implications, as custody is the right to make major decisions about a child’s welfare and upbringing. Before signing an agreement, it is critical that you understand how this will affect your role and power over making decisions for your child. For more information, contact our team for a consultation to learn more.
Court Determination of Parenting Time and Access
If you and the other party cannot come to an agreement during negotiations, one option is to file an application with the court. When the court makes decisions regarding decision-making responsibility and parenting time, they use a legal test called the "best Interests of the child." This means that at the center of the court's decision will be their determination of what is best for the child involved in the case.
To convince the court that a custody or access order is in the child's best interests, the person seeking the order, known as the litigant, needs to present evidence and arguments supporting their case. Child custody lawyers heavily rely on this legal test when representing their clients.
How is the best interest of the child determined?
To reach their conclusion, the court considers several factors, such as:
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Who has been the primary caregiver for the children?
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How much time does each parent spend with the children?
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What are the children's relationships like with each parent?
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Which parent can provide the most stable environment for the children?
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What is the proposed parenting plan, including how the children will maintain their relationship with the other parent?
We are here to help
If you are facing a parenting dispute, our team can help you navigate this process. We will work closely with you to craft a negotiation strategy in order to reach an agreement with the other parent that is fair and in your children's best interest. Where negotiations do not end in an agreement, we will represent you in court and argue for your interests.
Our team has extensive experience in this area and will work to reach the best possible outcome for you and your children. If you need legal assistance, do not hesitate to contact us at 905-215-1905 to book a consultation.