People has reported that Jeremy Renner and Sonni Pacheco have separated. Further, People has reported that Sonni Pacheco filed for divorce in December 2014 and seeks primary custody of their 23-month-old daughter. In response, Renner asked to maintain joint custody of Ava.
In Ontario, custody refers to the decision-making for the child. A court will not order joint legal custody of a child where the parents are not cooperative. However, a Court is amenable to ordering joint custody in situations where it would be in the best interests of a child to do so. When a parent is granted legal custody of a child, it means that the custodial parent has the legal authority to make decisions concerning the child with respect to health, education and welfare.
An Order for sole custody is often accompanied by an Order that the other parent have access to the child. A parent who is granted access has the right to spend time with the child and to receive information about the child’s situation, usually in accordance with the terms of a Court Order or Separation Agreement.
In sharp contrast to the above-mentioned scenario, an Order for joint custody means that both former spouses have legal authority to make decisions for the child with respect to health, education and welfare.
If Jeremy Renner and Sonni Pacheco were residents in Ontario, the Court would make an Order in accordance with the Divorce Act as Sonni Pacheco’s Application includes a claim for divorce. Given the information thus far disclosed, it does appear as though the parties in this matter are unable to cooperate for the benefit of the children. As such, a joint custody order may not be likely given the facts of this case.
Further, given that the parties were married in January 2014 and separated by December 2014, if the parties were resident in Ontario, the issues of spousal support and equalization would not be prominent. This is because the relatively short marriage would not give rise to financial hardship or disadvantage as a result of the breakdown of the parties’ relationship. However, in the event that Ms. Pacheco is successful in her claim for sole custody and the child resides with her primarily, an Ontario Court would Order Jeremy Renner to pay child support in accordance with his income and the Child Support Guidelines.