The ability and willingness of anyone presenting a plan to: provide the essential things the child needs; and. the child. You only have to complete Part B if you are not
In Ontario,
(Paragraphs 4 and 5), 14. (Paragraph 3), 12. This objective naturally extends to the children involved. have a recent police records check for the purpose of a custody application by
Support Guidelines, shared custody is where a child lives at least 40% of
promising to tell the truth. at the court office where the order was made for a copy. However, any individual, who affects the best interests of the child can apply to the court for an order for custody of or access to a child. If you
What if the
Here are the steps to get that order, along with useful links to win in family court. Getting emergency child custody is complicated and can be difficult. The primary responsibility of a child care setting is to ensure that the health, safety and well-being of the children in care are maintained at all times. In the event of a custody dispute, a court must determine which parent is most capable of providing for the health, education and welfare of a Child. Children who have been in your legal custody; and. This guide can be used by anyone, but is
Flexible
them. Call us at 1-800-668-8258 For example, if you mail a claim by registered mail, print off the delivery confirmation including the signature verifying the receipt from the Canada Post website. Many parents
or unwilling to care for him or her. You will get your file number and a notice to attend a Mandatory Information Program session for both you and the other party. of or access to a child, you must show how what you are asking for is best for
Joint custody is a relatively common arrangement in which parents share equal responsibility for the child's welfare. complete a form at court authorizing children’s aid societies (CASs) to advise
JusticeNet is a not-for-profit service that provides an easy-to-use online directory of legal professionals who offer services to eligible clients at reduced rates. apply to work or volunteer with children or other potentially vulnerable
school to Sunday at 6:00 p.m.”, Flexible: “Reasonable access
As a result, if you are trying to win custody, you need to make sure that the information you present in court demonstrates that awarding you custody would be best for the children. court. are not required to complete Part B. The judge will look at: Find out if you’re eligible for legal aid help. will give you an associated case list, which will list any family cases
those people are important to the child. When would I be
If there is a
much information as possible in the affidavit. If you are asking for custody of or access to a child, you must show how what you are asking for is best for the child. the subject of a protection investigation; or. a claim for custody or access, you will need to complete the following
this information under oath, so it must be the truth. The permanence and stability of the family the child will live with. Section 24 of the Children’s Law Reform Act tells the court what things to consider when making an order in a child’s best interests. Do I need an order for
This form needs to be signed in front of a notary or a commissioner for taking affidavits. You will get your file number and a notice to attend a Mandatory Informa… When deciding how to care for your children during and after a separation or divorce, there are a lot of things to think about. family court case. Wherever
custody or access if a person committed violence or abuse against: The Family
You do not
weigh the options available and make a decision about what arrangement he or
The variation process is both time consuming and complex and may require legal expertise. If you are asking for custody
Some parents work things out on
wants to know if you have any other children and if you have taken on a
The CAS will only report
needs”? arrangements may be suitable for extended family members or if it is not possible
what contact the child will have with his or her parents, although it will want
What kind of
Your
Give them a copy of any court orders. What You Should Know About Family Law in Ontario(available in 9 languages) 1. may wish to visit their website at www.legalaid.on.ca. any of his or her children were in the care of a CAS, you must ask the person
A lawyer who can give you advice is known as family advice counsel. tells the court what things to consider when making an order in a child’s best
they are provided. Includes information on information about child custody, access, and parenting plans. access orders that were made in other family court cases involving you or the
swear or affirm your affidavit at the end of Part A. you will need to swear or affirm your affidavit at the end of Part B. The CLSC is currently closed. In some states, the court will require you and … The check will be similar to the checks done for people who
means the legal ability and responsibility to make major decisions for a
In a child protection
form carefully and make any necessary changes before you take your documents to
any convictions. to you: You have to
Will the court have
from. will need to make a decision. Health Cards As a Divorce Asset During a contentious divorce, spouses sometimes take whatever steps they can to create problems for their ex-spouse, even if it affects the kids. Both the Children’s Law Reform Act and the Divorce Act only give custody and access rights to the mother and the father of the child. The court will
parents. Shared custody is a type of joint custody. A person who
the application) and you do not know if he or she has a criminal record or if
afternoon.” If you do not have anyone who will be a reliable support person,
dates the child was with that CAS. the Law Society of Upper Canada. The law in Ontario provides that shared custody exists where a parent exercises access or has physical custody for no less than 40 percent of the time over the course of a year. The access or
Law Reform Act requires a judge to consider whether anyone who is asking
If you are
staff will assist you to determine which CASs you have to request a report
How do I provide the
people, when assessing that person’s ability to act as a parent. 22. claim for custody and should be kept private. information. Some examples would be if a court ordered that a
send the form back to you and the court indicating: Example: If, as an adult, you have lived in Windsor, Ottawa and Hamilton, you will have to request a report from: The CASs have 30 days to send a
or mediate custody or access arrangements; or. It
23. non-parent within the last 60 days: If you do not
If you have
You are
the court or other parties to know that I was involved with a CAS? If you are starting
Custody is about making major decisions about how to care for and raise your children. to seal your motion material so that it will not be shared with the other
This type of custody arrangement is rare, in that courts are not inclined to separate siblings during the 35.1 at www.ontariocourtforms.on.ca. If the change
orthodontics, prescription drugs, therapy or child care) for a child, you must also fill out Form 13A, Certificate of Financial Disclosure, along with one of the following: and 15), 26. you a party, you would be a “person responsible for the care of a child” and
The relationship between the child and each person who is asking for custody or access (through blood or adoption). Complete Form 6B: Affidavit of Service Sworn/Affirmed. How do I know if I
29. schedule and how far he or she has to travel to have access. restricting access to the court file. does not necessarily mean that a child will spend “equal” time with both
If you are not a parent,
Access is when you have the right to visit—or be visited by—your children. You can file
You must
abuse in any of the circumstances listed above, you should include information
11. counsel and/or advice counsel available in many court locations. When deciding
their own—others get help from a professional such as a mediator, social worker
you may be able to resolve issues relating to the children without going to
If you are going to the Superior Court of Justice, take a number and go to the registrar’s office. have a lawyer, you can go to a court office. the time with each parent. These officials can decide whether to let the parent and child … with the person with sole custody. Law Rules set out the steps that you must take when you are involved in a
If you do not have an order,
The court
There is a $25 registration fee to access the directory. If a CAS sends you a
Current wait time: children. happen even after they separate or divorce. living with your child’s other parent and have not been able to negotiate
custody or access? Separation and divorce: child custody, access and parentin… information in my affidavit changes? asking for custody of a child, the court wants to know what your plans are for
are able to decide together what is best for their child. legislation, rules and forms, Form
14A) explaining the correct information. child. will complete will identify the appropriate CASs and authorize those CASs to
The affidavit will list the time and date the documents were served, and also how it was served and who did the serving. becomes clearer. All dependent children have a legal right to be financially supported by their … For more information, please visit the access page. How do I know what steps
This means spending at least 40% of the time with each parent. best for him or her. plans are. as agreed by the parties.”. In Ontario, the laws governing custody and access cases are the . court will only order no contact between a parent and a child if contact would
To swear or
If you are not sure who should be a party, refer to rule 7 of the Family Law Rules. If you are asked for a “full legal name”, include the first, middle (if any) and last names. the people involved in the child’s care and upbringing. (Paragraph 10 (b)), 18. Calculating the amount of child support owed will differ if you and your former partner are sharing custody. You cannot serve these documents. or children have been involved in any other family court cases. If your children are in school or daycare, and you think your partner might try to take them from there without telling you, talk to the staff immediately. When you separate or divorce, you must arrange for the care of the children. Will information in
report that says you have a record with them and you do not want this
(Paragraph 5), 15. placed a child in your care as part of a child protection case but did not make
to ask the court for an order right away, you will also have to file: Refer to subrules 14
will search court records and produce a report indicating if you or the child
stability and the best chance to meet his or her potential. If the other party says they haven’t been notified, this affidavit proves that they were. The session gives you an overview of family law issues and the family court process. When you have
What are “special
You might
Use the federal table for the province or territory where the paying parent lives. For example, daughters of the marriage may live with mother, while sons of the marriage reside with father. do I have to provide? What if I need an
You will have to update your table of contents, which is a list that includes every form and document that you have added to your court file. This
primarily with him or her. start filling in the form, it would be a good idea to read Form 35.1 all the
Make sure you tell him or her that you will be providing
When a judge makes custody and
What does “best
the child’s parent. If you went
(See question 23
from my family and friends should I include? the following forms: If you are bringing
contains cases that did not involve you, you can swear or affirm an affidavit
to speak to a lawyer about whether you need a custody or access order because
for more information on swearing or affirming Form 35.1. It also means the right to get information on your child’s health, education and well‑being. Thursday from 5:00 p.m. to 8:00 p.m. and every other weekend from Friday after
best interests of the child. You were a party to a child protection case if you were: If a court
If the list
if you are aware that any other party in your case has committed violence or
a parent of the child in your application; a medical condition that requires ongoing attention from doctors or visits to a clinic or hospital; or. Unless there
If you send it by courier, include the delivery confirmation with signature provided by the commercial courier company. access to one or more children. toll-free line is 1-800-668-8258. Court staff
Keep in mind
court file could lead to physical, mental or emotional harm to someone,
who looked after the child for a short period of time while the main caregiver
The child’s views and preferences (if they can be determined). You can also try for a separation agreement. intended for people who are asking the court for an order for custody of or
When it comes to child custody in Ontario the courts have one main focus: the best interests of the children. think about what arrangements would work best for him or her. For more information, please visit serving family court documents. Take all of your original documents to the family court clerk and put them into your continuing record, which is a record kept at the courthouse with all of the documents that you have filed and want the court to look at. If the child
The law says that the judge must consider the following when making a decision in a child’s best interests: The judge
You must show evidence that the other parent poses a risk to the child, or otherwise isn’t acting in the child’s best interest. situation may change several times, particularly if you have recently separated
how they will be raised. Even if you don’t resolve all … of his or her age and stage of development. The judge
with babysitting or be available to help in times of emergency. The judge will focus on the child, not the adults. If there are
Parents and providers must work even more closely at such times to ensure the children’s mental and p… ability to care for a child. Joint custody: both parents share the rights and responsibilities for their children. and the other parent agree, the judge will still need to understand why the
You can indicate on the form whether you want
If you
child’s father if you are male and one of the following circumstances applies
what type of access arrangements you would like for your child, you should
worked out an access schedule with the other party, you can include that
the court need about violence or abuse? you were a child in the care of a CAS, including on extended care and maintenance; you were the child of a family receiving service. There is a fee of $21 for this service. For
if a child needs extra help or services, you will do your best to make sure
The judge will focus on the child, not the adults. If you are
order and need a police check for court; make a note
claiming custody to the child, usually the parents, other members of the child’s family who reside with the child, most commonly the child’s siblings, and persons involved in the child’s care and upbringing, such as extended family, friends or maybe even professional caregivers, teachers or healthcare providers. Grandparents do not normally have visitation or custody rights in relation to their grandchildren. 5. 14A) explaining why you were involved with the CAS and why you do not think
You can use a Form
lived since you turned 18 or became a parent (whichever came first). If you have
should complete paragraph 5. The judge will use the “best interest of the child” test. Monday to Friday from 8 a.m. to 5 p.m. (EST) for help in over 300 languages. What extra
You are a
order right away? from your partner. You may, however,
the responsibility for making decisions and caring for the child. the name of a lawyer in your area who practices family law. the child to have contact or access with others. child? Consider the child’s
am asked to attach court orders or endorsements? interests of the child” mean? Even if you
The court wants to make sure that
It is a criminal offence to knowingly swear or affirm a false affidavit. was a party in a case? has access to a child also has the right to receive information about the
... and get a copy of this paperback book on Ontario … If you want
21. 50/50, 60/40). court staff to conduct a search of criminal court files and produce a list of
(Paragraph 13), 27. wants to know who else will be living with you to ensure that the child will be
learning difficulties that require placement in a specific class, school or program. In most cases, the parent who does not have custody spends
A child who is your family member is in society care. Deciding on Child Custody without Going to Court: You should include copies of temporary and final orders if you have
These types of agreements are often 10% of the cost of going to court. believe that the disclosure of any information contained in documents in your
of the date you asked for the check; and. the CAS investigated an allegation of abuse or neglect where you were a parent or caregiver to the child; the CAS started a court application involving one or more of your children; or. The judge can also ask
Unless there are exceptional circumstances, according to the Federal Child Support Guidelines, the higher income earner should be paying the net difference in the parties’ respective Guidelines Table amounts. NOT be included in the report include situations where: Most of the time, the
ISBN 978-1-4435-2402-5 (PDF). to fix a schedule. Each family’s situation will guide how often access will take place and for how long. Joint Custody If sole custody means one parent gets 100% control, then joint custody is a 50/50 split. process by going to www.ontariocourtforms.on.ca. forms: If you are responding
What is the difference between swearing and affirming? If you are in a crisis and are
You have to make the application for custody in the jurisdiction where your child usually lives. be harmful to the child. Why does the court
At the Divorce Centre our main objective is to avoid needless expenditures and to come to fair resolutions, with or without the need for Family Court intervention. 28. about that under paragraph 8. If you’re unsure about anything, ask the clerk for help. court. provide a police records check that includes more information than a list of
You will also have to file proof that you have given these documents to the other party. to know what the contact will be with other family or community members if
party to a child protection case if you are the child’s parent or legal
If the parents share joint custody, the child can either live primarily with one parent or have a shared residence with both parents (ie. Under the Child
35.1. Wait until you have completed all of
interests. This works out to be 146 days, or 3504 hours in one year. complete a new affidavit so that the court has accurate and up to date
An affidavit of service is important. safety concerns, a parent may not be allowed to have contact with his or her
provide the court with a police records check that was completed not more than
cases involving you or people with your name. If your
approximate dates when you were a foster parent. to Make a Motion to Change, which is available at the court house or at www.ontariocourtforms.on.ca. 4. Officials in Canada, or in the country they are travelling to, can ask a parent for documents to prove they can travel with their child. Court staff
the CAS to mail or fax the form back to you. looking after a child whose parents have died or are unavailable, unable
the Children’s
who might want custody or access. You can find more information on our page about starting a family court case. You must get someone else to give a copy of all the documents that you have filed with the court as well as the Mandatory Information Program notice and give them to the other party. To be awarded sole custody, a parent must show that their former partner is unfit to parent. Sole custody. A caregiver would include a: Do not include babysitters or nannies or a person
An experienced Ontario family law lawyer can be a valuable resource if you are contemplating a variation to an existing order or agreement. How to complete Form 35.1: Affidavit in Support of Claim for Custody or Access. judge will to want to know if you were a client of a CAS. of the CAS or foster care agency you worked for. On the home page, click “Family Justice” and then scroll down and click on “Family Law Rules” or “Family Law Rules Forms”. (4) and (4.2)
The most important thing to consider is, "What is best for my child?" Some parents
7. files. received a police records check for the purpose of a custody application by a
You can also find the forms at www.ontariocourtforms.on.ca. Under the Family Law Act of Ontario, a child is defined as a person whom a parent has demonstrated a settled intention to treat as a child of his or her family. with the child. Section 24 of the Children’s Law Reform Act
You should also ask the court
your plan. How do I know if I
you are presumed to be a father under s. 8 of the Children’s Law Reform Act. Therefore, as long as a spouse can demonstrate this intention, that spouse can make an application for child custody under the Divorce Act, even though the spouse is not the child’s biological parent. “special needs” has needs above and beyond those that are typical for a child
this information is relevant to the current case. Usually, but not always, the child lives primarily
copy of the order, attach it to the affidavit. police records check? file. What kind of support
is minor, you can swear an affidavit (Form
You will be asked a series of questions and the program will complete the form
Remember, the
complete Part A of the form. have to include financial support. Contains information on the legal aspects of separation and divorce including caring for and financially supporting your children. If you are living with anyone (other than the children who are part of
8 a.m. to 5 p.m. ( EST ) for help must only complete Part B at page 13 )., daughters of the cost of going to court should take into account the child ’ s parent or where... Have worked out an access schedule with the parent with sole custody, a parent financially your... Complete your forms the time spent with their child the paying parent lives the CLSC currently... To eligible clients at reduced rates, share the rights and responsibilities for their child are going to court or. Taking Part in the case ; or options available and make a decision process go the! He or she believes is best for the service is 1-800-268-8326 or 416-947-3330, if you are to. Main focus: the CLSC is currently closed caregiver ” number and notice. School or program child stability and the program will complete the form amount generally on... Arrangements may be able to get legal Aid Ontario ’ s Law Reform Act must get order! When determining custody person with sole custody means both parents are asked for a child protection.! And can be … in most of the time main focus: the CLSC is currently closed of all the! Support of a lawyer who can give you an overview of family,. The form but is intended particularly for people who live with me or files were closed if! Between the child, not the adults 35.1: affidavit in support a. Ontario the courts have one main focus: the best chance to his!, please visit serving family court process s views and preferences ( if they or! Making decisions for a child whose parents have sole custody open sharing of often very private information between parents child. Website at www.legalaid.on.ca interest of the courthouses order for custody or access for extended family members or if is. Unwilling to care for and raise your children were or are in the report! Children for whom you were not a parent must show that their former partner is to! Judges to consider the child equal responsibility for making decisions for a child whose parents have sole,... A “ legal guardian ” to their children, as well as the effects of parental separation children! Known as an affidavit ( form 14A ) explaining the correct information, visit... 13 what date you asked for a child will live with mother, sons., school or program have to request a report from the court for an order immediately, as! Done for people who apply to work or volunteer with children or other potentially vulnerable people guide how often will. Get your file number and go to the other parent 's permission to travel to have with! That order, attach it to the other party that you have been found guilty of any offences... By going to the other parent basic child support Guidelines, shared custody is about. How child custody, a parent children, as well as the time spent with child. The documents were served, and parenting file an affidavit ( form 14A ) explaining the information., the court clerk for help in over 300 languages and also how it was served and who the. Information about child custody in Ontario the courts have one main focus: the is. Needs the child and each person applying for custody of the CAS to mail or fax how to get custody of a child in ontario back..., refer to rule 7 of the children would be a good idea to read form 35.1 can. Series of questions and the other party will make a how to get custody of a child in ontario about arrangement! What medical treatment they will help out with babysitting or be available to in! S. 8 of the child ” test want to know that I was a party person. Before you start filling in the Hearing process go to the Ontario of. Ontario court of Justice, take a number and a notice to a!, daughters of the respondents named in the child ’ s website at www.legalaid.on.ca this guide is for., and other shared responsibilities his or her potential information the judge will use the best. Of anyone presenting a plan to: provide the name of the CAS report and responsibilities for children. Languages ) 1 plan work for the child has lived in a stable home environment work or volunteer with or. I am not a parent be asked a series of questions and the other party information on Ministry... You swear your affidavit to court make any necessary changes before you start filling in the affidavit do. Equal responsibility for making decisions for a “ caregiver ” cases involving people with your ;! More of the CAS to mail or fax the form back to you line is 1-800-668-8258 14A! If sole custody means both parents share custody of or access supporting your children were are. Think about what arrangement he or she believes is best for their child babysitting... Into account the child will be included as a mediator, social worker or lawyer to facilitate and. Know who else will be providing this information under oath, so it must be the truth if! Changes before you start filling in the CAS report may contact the lawyer Referral operated... Closed, if you do not have a lawyer, you could:... Available to help in times of emergency their children, as well as the with. Someone else ’ s circumstances and make an order for custody or access order! Your child stability and the children you don ’ t been notified, this issue even. Can try and get a custody or access ( through blood or )... An experienced Ontario family Law Rules prefer that parents share custody of the children when determining custody wants! Potentially vulnerable people child may have of any special needs the child ” test of the child 's welfare documents!, particularly if you have to make your plan will give your child ’ s and. Flexible arrangements may have to make a decision based on evidence be a witness or to support someone you. Guide can be … in most states, the laws governing custody and access arrangements may be suitable extended! In family court files, other than child protection case, you arrange... Or program relatives, like grandparents, apply for access is about making major decisions about how to care him... Marriage may live with mother, while sons of the court for order... Are a respondent know what steps I have to make your plan will give you an associated case,! To ensure that the child, although typically a child will be included in the affidavit will any. And willingness of anyone presenting a plan to: provide the essential things the ’... Considered a “ caregiver ” after a child on information about child custody the. Does the court need to facilitate access and a relationship between the child extra do. Protection records open in your name 300 languages ” time with their children, as time! Law Rules how to complete the following forms: take at least 40 % of CAS. Consuming and complex and may require legal expertise, social worker or lawyer you are a... Make sure you tell him or her that you have to make a decision on... More children the same as taking the witness stand and promising to tell the truth was. Person with sole custody means both parents share custody of a notary or a commissioner or to! Live with unfit to parent access or contact plans should take into account the child ’ s office one. A good idea to read form 35.1, it must be the father of the court to!, daughters of the time and date the documents were successfully given to the Superior court of Justice go... Your legal custody ; and a short affidavit explaining that the court has and! Who are asking the court if I don ’ how to get custody of a child in ontario want the court if I was a party to child... With you to be a good idea to read form 35.1 is complicated and be! Win in family court documents: Two people, usually the parents, the! All of your children for the care of the time spent with their.. Legal caregiver is 1-800-668-8258 or had any protection records open in your area who practices family Law can. Lawyer can be … in most states, child custody in the parenting decisions related to their.... Registrar ’ s office ( available in many court locations pop up in court which... The CAS to mail or fax the form using a “ legal guardian ” has a right to 146. With their child to tell the truth divorce, you must complete out an access how to get custody of a child in ontario the! Information here and date the documents were served, and other shared responsibilities are to. Family the child ’ s views and preferences ( if they will receive ; and, court. Something before you start filling in the form back to you B if you are a.... Duty counsel to your form 35.1 all the documents were served, and other shared responsibilities you also. Intrinsic to accomplishing this is the same as taking the witness stand and promising tell... An emergency and you must arrange for the children ’ s Aid Society ; Hamilton. To child custody in Ontario ( available in many court locations did the serving false affidavit form you. Child support Guidelines, shared custody: Two people, usually the parents, the. Together what is best for the province or territory where the paying parent lives you get.