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Djimon Hounson had himself a rough Father’s Day because he didn’t get a chance to see his son whom he shares with Kimora Lee Simmons.

The actor was visiting an L.A. County building Monday when a photographer asked how his Father’s Day went. Djimon didn’t mince words…he was clear that he wanted to see his son Kenzo, or at least have a conversation with him.

The camera guy asked point blank how long it’s been since he’s seen the boy. Djimon held up a five but didn’t get specific about time frames. He then said he can’t even recall!

When someone on the street asked about fighting for custody – Djimon quickly made it clear that he’s not interested in a custody battle with his son’s mother. Kenzo continues to live with Kimora.

What Is Custody?

Custody is the legal right to make major life decisions on behalf of your child. These decisions pertain to education, medical treatment, and religious following. In other words, custody is the right to determine how your child is cared for and raised.

In Ontario, there are several custody arrangements including sole custody, joint custody, shared custody, and split custody. In the case of sole custody, one parent has the authority to make significant decisions for the child and the child will likely live with that parent. Further, when parents live separately and their child lives with one parent, the other parent cannot exercise the entitlement of custody until an order is made by the court. However, the entitlement to access is not suspended.

What Is Access?

Access is the entitlement to visit or be visited by your child and the right to inquire about your child’s education, health, and welfare. The parent with sole custody has the responsibility to discuss major life decisions with you. However, the ultimate decision will be made by the custodial parent. Further, the child will live primarily with the custodial parent and an access schedule will be formed to dictate visitation. The best interest of the child will be considered when deciding whether visits should be supervised. 

Applying for Access in Ontario

In Ontario, a parent can apply for access. The Children’s Law Reform Act R.S.O. 1990, c. C.12 is relevant in multiple situations. This Act applies if you and your partner are married and are not seeking a divorce, if you live together as a common law couple, or if you have a child together but do not live together. To apply for access as a parent, you must submit both an application to the court and an affidavit containing:

  • The person’s proposed plan for the child’s care and upbringing.
  • Information regarding the person’s current or previous involvement in any family proceedings, including proceedings under Part V of the Child, Youth and Family Services Act, 2017 (Child protection), or in any criminal proceedings.
  • Any other information known to the person that is relevant to the factors to be considered by the court under subsections 24 (2), (3), and (4) in determining the best interests of the child.

The court has the discretion to determine whether access will be granted.

Find out more about custody and access as it relates to your individual situation. Call (905) 581-7222 today to speak with an Ontario custody lawyer about your rights.