Child custody and access issues can be the most sensitive of issues in a family law matter. Dealing with this area requires one to understand the dynamics of relationships and to be sensitive to parents’ needs and goals while advocating for a reasonable and fair resolution of child custody and access matters.

Understanding the implications of different types of custody and access arrangements is crucial for any parent. There are significant legal implications arising from the different types of custody and access arrangements. In addition, to legal implications there are also significant practical and financial implications that arise depending on the arrangement.

Usually, parents are not fully aware of how custody and access issues are decided. Obtaining legal advice catered to a party’s particular situation is very important. Understanding your rights and obligations with respect to one’s children is usually one of the first and foremost areas of concern for parents.

In Ontario the Children’s Law Reform Act (CLRA for short) has been enacted to address issues relating to child custody and access. It is important to note that the CLRA applies to both married and unmarried couples.

While the law has evolved over time, there are still many misconceptions. For example, there is no automatic entitled to custody given to a particular parent. In Ontario, both parents have an equal right to make a claim for custody. The principle factor in determining custody and access issues is what is in the best interest of a child. This is the fundamental test and concern for courts when dealing with children.

If you have a custody and access related matter it is vital you understand your rights and obligations to know how best to proceed.