Child Custody and Access: An Introduction

Once you and your former spouse/partner have made the decision to separate or divorce, there are a number of issues for the two of you to consider and resolve. If you have children, you will need to make some tough decisions about your kids’ custody and care. These decisions will have to be made whether you were legally married or just living together as a common law couple. As separated or divorced parents, you will either be awarded custody of your children or given access to your children.

The main difference between custody and access is that as the custodial parent you usually have the power to make important decisions about the care and upbringing of your child with regards to:

• Religion,
• School and educational programs, and
• Medical treatment

On the other hand, if you are only granted access rights, as the non-custodial parent you have the right to:

• visit your child, and
• ask the custodial parent, your child’s teacher, doctor, daycare provider, etc. for information about:
• your child’s health,
• education, and
• welfare.

It is important to note that as an access parent you are not granted the authority to make any important decisions regarding the upbringing of your child. If a disagreement arises between you and your former spouse/partner, the custodial parent will make the final decision. However, the custodial parent in your situation must still consult with the access parent prior to making any final “important” decisions.

Marital status is relevant in order to determine which Act will apply to your particular situation. Therefore, if you are legally married and in the process of getting a divorce or have already obtained one then the Divorce Act R.S.C. 1985, c.3 will apply. For situations where you and your former spouse/partner: are married and have decided not to obtain a divorce, are living together as a common law couple or are not cohabitating but have a child together you must use the ,em>Children’s Law Reform Act R.S.O. 1990, c. C.12.