Child Custody in Ontario Mississauga

The Best Interests of The Child Test

In Ontario, Canada, there are particular laws that pertain to child custody. If the parties had a child during marriage custody issues are usually on the top of the priority list that need to be addressed.

The respective Courts usually will only imply the Best Interests  Of The Child Test in order to ascertain the best outcome for the child. The test is set out in section 24 of the Children’s Law Reform Act and states as follows:

(A) The love, affection and emotional ties between the child and,

  (i)   Each person entitled to or claiming custody of or access to the child,

  (ii)  Other members of the child’s family who reside with the child, and,

  (iii) Persons involved in the child’s care and upbringing;

(B)  The child’s views and preferences, if they can reasonably be ascertained;

(C)  The length of time the child has lived in a stable home environment;

(D) The ability and willingness of each person applying for custody of the child to provide the child with guidance and education, the necessaries of life and any special needs of the child;

(E) Any plans proposed for the child’s care and upbringing;

(F) The permanence and stability of the family unit with which it is proposed that the child will live;

(G) The ability of each person applying for custody of or access to the child to act as a parent; and 

(H) The relationship by blood or through an adoption order between the child and each person who is a party to the application.

For additional information see: Ontario.ca

Judges will determine how much each factor should be taken into consideration based on the particular set of circumstances presented to them. Sabeeya Akram, a lawyer at AYOUN LAW expresses that it is vital that at this critical point in time in the process parties give detailed evidence about their connection to their child(ren). It is the parties chance to express how the parent and child(ren) have formed a emotional bond and would like to continue this going into the future.

Clearly expressed Judges are looking for which parent is most fit and or stable to take care of the child(ren).

Apart from the test when terms such as “what is best for the children” is used, that is a phrase expressed to just maintain the lifestyle the children has become accustomed to. For example, if the child(ren) were accustomed to mom picking them up from school and dad feeding them at night, then the parties might attempt to keep that lifestyle going with an agreed upon plan.

The lawyers at AYOUN LAW always try to understand their client’s hardship. The team truly understands that going through a divorce can be a life changing time. This is why we ask that you leave the legal mess up to us and you focus on sorting your emotions.

Sabeeya Akram is a Family Lawyer at AYOUN LAW in central Mississauga, Ontario Canada, and provides a full range of family services.

To learn more about the family law process in Ontario, Canada, email Sabeeya Akram or call her at  905-232-2793  ex 2.