Britney Spears and Kevin Federline held a wedding ceremony on September
18, 2004, and were legally married on October 6, 2004. The couple separated
in late 2006 and were divorced in early 2008. They were married barely
two years but have two children as a result of their marriage. The couple
had a marriage contract (pre-nuptial agreement). If they had been divorced
in Ontario, the following represents how there case may have been decided.
Marriage Contract (Pre-nuptial Agreement)
The couples shared a valid marriage contract. Such a contract in Ontario
may define the terms of ownership and division of marital property,
spousal support and certain choices with respect to marital children. However, marriage
contracts CANNOT define the terms of
child custody, child access or child support. These decisions are always made in the
best interest of the child. This means that all significant decisions
regarding the children would be open to negotiation or a court decision.
Custody and Access
Both Spears and Federline have careers. However, Spears has been far more
successful and thus has a more rigorous work schedule. This will not necessarily
decide custody. The court must look at the children’s best interest.
In this case the court may decide that because of the couple’s fighting
and apparent inability to work together that a joint custody arrangement
would not be manageable. This leaves the court having to decide which
parent should have sole custody. In making the order the court would only
consider the best interest of the children by reference to the condition,
means, needs and other circumstances of the children. For example, the
court may consider that the children need stability in their lives and
for this reason grant Federline sole custody as he has a less active schedule
and is better able to provide a consistent environment. Additionally,
he appears to be more stable and prepared to care for the children.
In making its decision the court would NOT take into consideration the
past conduct of the parents unless the conduct is relevant to the ability
of that person to act as a parent of the children. Therefore, any past
lifestyle choices by Spears, such as using drugs and alcohol, are not
relevant. What may be relevant is if Spears is currently using drugs or
alcohol and is doing so in the presence of the children or is in any way
endangering the children. If Spears is found by the court to have such
issues, this does not mean that she will not have access to her children.
But her access may have to be supervised until she can prove her ability
to behave around the children. Supervised access means that another adult
must be present when that parent and the child are together. It is likely
that such an order would be made given Spears current lifestyle.
Child Support
Spears would have to pay Federline child support which may be the full
table amount or a reduced amount due to her unusually high income.