Stark v. Little
Ontario Joint Custody Laws during Separation
Kimberly Stark and Alexander Little were married in 1999 and birthed two children before their separation in 2005. The case of Stark v. Little originated when Stark wanted to move to New Hampshire with her same-sex partner and bring the children she bore with Little with her. She contended that the same-sex partner was a minister and supplied a substantial income and a high quality of life for the children.
In Stark v. Little, Stark was asking the Court to allow her to bring the couple’s children with her to New Hampshire. Both sides in the case had many reasons why the other party could not act as a qualified parent. But the Court ultimately dismissed Stark’s claim to take their children with her pending a trial to determine proper custody of the children, because New Hampshire would be a long distance and large change for the children prior to the trial. In the interim, the Court ruled that both parents are fit parents and that the parents should have interim joint custody pending the outcome of a custody trial.
Ontario Joint Custody Laws
The laws in Ontario provide that separated parents have equal rights to pursue custody of their children.
It is important for parents who are seeking custody of children in Ontario to understand that the court does not presume who will be awarded custody of the children. The court determines custody based upon a non-exhaustive list of elements. Because of this, many parents seek the assistance of an Ontario child custody attorney who will help them navigate Ontario child custody law.
When it comes to more Final child custody rulings, the law in Ontario does not favor equal time for both parents. Many judges feel that one parent is usually more appropriate for raising the child than the other based on employment, living conditions, mental conditions and overall general health. This decision is always based on the best interests of the child.
Denial of Ontario Joint Custody
Ontario child custody laws state that the child custody arrangements should always be in the best interests of the children. If the court finds that a situation is not in the best interest of the child, the custody arrangements will be adjusted.
In extreme cases that involve family violence or other extreme behavior, the court may determine that the parent should not have access to the child. In less severe cases, the court may mandate supervised access. These decisions will be made in accordance with the individual circumstances of each case and what will be the best situation for the child.
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