James Caan, from “The Godfather”, is in the midst of resolving
the legal issues surrounding his separation with Linda Caan. According
to TMZ, in response to James Caan’s filing for divorce, Linda has
demanded physical custody of their 16-year-old son Jacob. In his court
documents, James has requested shared physical and legal custody.
In Ontario, the issue of “custody” refers to the decision-making
for the child, in this case Jacob. For a married spouse who has filed
an Application for Divorce in Ontario, the legal principles for determining
applications for custody and access are set out in section 16 of the
Divorce Act. Further, in accordance with section 16(8) of the
Divorce Act, the court is required to take into “consideration only the best
interests of the child of the marriage as determined by reference to the
conditions, means, needs and other circumstances of the child”. Further,
the court must give effect “to the principle that a child of the
marriage should have as much contact with each spouse as is consistent
with the best interests of the child” in accordance with section
16(10) of the Act.
According to TMZ, James Caan has requested shared physical and legal custody,
meanwhile Linda has asked for physical custody of their son Jacob. In
Ontario, the Court will not mention the “physical custody” of
a child, rather it is referred to as the residency of the child. If Linda
were resident in Ontario and were to make the same requests, Linda would
be requesting sole custody and that Jacob reside with her primarily. Meanwhile,
James would request joint-custody of Jacob with a shared parenting schedule
which sees Jacob spend equal time with either parent.
The legal implications of where Jacob resides are profound when it comes
to the issue of child support. In Ontario, a Court will consider three
factors when ordering child support:
- the income of the payor;
- the number of children; and
- the residency arrangements for the children.
As such, in the event that Linda’s claim for sole custody and primary
residency of Jacob were to be successful, an Order for child support would
accompany such a decision if it were to be made by an Ontario Court.