About Child Custody, support and access. The basics on law in Canada
Child access, custody and support in divorce

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A Layperson's Guide to Child Custody, Support and Access law in Canada


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The Basics of Child Custody

Rule One: In 95% of all disputed child custody cases, the father loses. Custody is almost always awarded to the mother. Fathers have virtually no rights.

Rule Two: In custody law, possession is 10 tenths of the law. The courts will almost always award custody to the parent (mother) with whom the children are currently residing

Rule Three: The Best Interests of the Child really means the Best Interests of the Mother. Make no mistake about this.

Child custody issues are always determined with one primary goal in mind, to do what is in the best interest of the child, which means almost always award custody to the mother, even if she has killed other children.

The custodial parent has the right to make the important decisions regarding the well being of the children. This includes medical treatment, education and religion.

Fathers have the right to pay and pay and pay or go to jail.

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Different Types of Child Custody

There are four different types of child custody in Canada.

  • Sole Custody
    Sole custody means one parent alone has custody of the child.

  • Joint Custody
    Both parents share custody of the child.

  • Shared Custody
    Shared custody means both parents have joint custody of the child and each spends at least 40% of the time with their child.

  • Split Custody.
    Split custody occurs when one parent has custody over some of the children, while the other parent has custody over the others. Courts avoid this type of custody as they so as not to split up brothers and sister.

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Your children are not your children.
They are the sons and daughters of Life longing for itself.
They come through you but not from you.
And though they are with you yet they belong not to you.
Khalil Gibran


Access (Visitation)

Access (also known as visitation) is the time a father can spend with his children.

Mothers frequently make false abuse allegations to avoid access as a way to punish the man. In cases where the mother makes unproven, unsubstantiated abuse allegations, the court assumes the father is guilty regardless and will usually refuse to allow the father any visitation rights or limit access to the child.

In cases such as these, the court may decide that supervised access, which often occurs in the presence of a social worker, is the best thing to order. However the court will do nothing if the mother does not comply with the order.

Mothers also frequently ignore access orders and the courts will do generally do nothing to enforce a father's access. But god help the father who misses a support payment.

Along with visitation rights to the child, the access parent is automatically allowed by law to inquire about their children's health, education and welfare. But again, if the mother ignores the questions, nothing will be done.

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Primary or Principal Residence

The primary, or principal, residence is where the child lives and spends most of his/her time. This is usually the mother's home, which the father is required to support. For example, parents may have joint custody of the child, but the child may spend the majority of the time with the mother, thereby having his/her primary residence with that parent.

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Child access, custody and support in divorce
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