Ontario Visitation Lawyer
Parent Visitation, Access & Contact in Ontario
The relationship between a parent and child is precious and should be protected. If you are divorcing or separating from your spouse or partner, however, you may find this relationship in jeopardy. If you are not granted custody (if your matter is governed by the Children’s Law Reform Act) or primary parenting time (if your matter is governed by the Divorce Act), you will need to fully understand your visitation or parenting time rights so you can assert these.
Our Ontario visitation lawyers can assist you in this important endeavour. By contacting our firm and scheduling a confidential consultation, you can get your questions answered and your unique situation analyzed by our legal professionals.
When talking about visitation rights, it is important to know which Act will apply to your matter. If the parents of the child were married and have decided not to obtain a divorce, are living together as a common law couple, or are not cohabitating together but have a child together then the Children’s Law Reform Act R.S.O. 1990, c. C.12 will apply and visitation rights will be discussed in terms of access. On the other hand, for situations where the parents of the child are legally married and in the process of obtaining a divorce or have already obtained one, the Divorce Act R.S.C. 1985, c.3 will apply and visitation will be discussed in terms of parenting time.
Call (905) 581-7222 today for more information and insight.
What Is Access?
Access is the term used to describe a parent’s right to visit, be visited by, and make inquiries about the welfare, health, and education of a child. This is clearly defined in Section 20 of the Children’s Reform Act. Sometimes referred to as visitation, access may be granted to a parent who does not have custody of his or her child, or an “access parent.”
What is Parenting Time?
The amendments to the Divorce Act in 2020 refer to parenting time and decision making responsibility rather than custody and access. Parenting time is clearly defined in section 2(1) of the Divorce Act and refers to the period during which an individual is primarily responsible for the child, including when the child is in school or daycare. Parenting time may be allocated according to a schedule.
Equal parenting time is not presumed but rather, as with decisions regarding decision-making responsibility and contact, the primary consideration is the child’s physical, emotional and psychological safety, security and well-being.
Parental visitation rights may arise as an issue to be resolved in a:
- Parental relocation; or
- Paternity dispute.
Protecting Your Visitation and Parenting Time Rights
The complete protection of your visitation and parenting time rights is essential to the team at Feldstein Family Law Group P.C. With over 25 years of experience handling access cases in Ontario, we understand what issues may arise and how to assert our clients’ rights.
The courts will consider what is in the best interests of the child in any access or parenting time case, and we also understand how to present our clients’ cases in such a manner as to show how the child will benefit. When you select our team to handle your case, you can rest assured that we will work diligently to achieve an ideal result, no matter the circumstances or obstacles.
Learn more about visitation rights by calling (905) 581-7222 and arranging a free consultation with one of our Ontario family law lawyers.