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Difference between revisions of "Custody and Access"
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When spouses have joint custody, they need to work together and cooperate in raising the children. This can sometimes be difficult, particularly when there is a lot of conflict in the spouses' relationship with one another. Before the ''[[Family Law Act]]'' came into effect, the rights and obligations involved in joint custody were usually addressed through a guardianship order under the ''Family Relations Act'', in particular through two models of joint guardianship, the Horn model and the Joyce model. The ''Family Law Act'' doesn't talk about guardianship the way the old law did and can't be used to spell out spouses' rights and obligations in the same way. However, since joint custody involves the need to work together and cooperate in making parenting decisions, the models can still work. They just need to be changed a bit. | When spouses have joint custody, they need to work together and cooperate in raising the children. This can sometimes be difficult, particularly when there is a lot of conflict in the spouses' relationship with one another. Before the ''[[Family Law Act]]'' came into effect, the rights and obligations involved in joint custody were usually addressed through a guardianship order under the ''Family Relations Act'', in particular through two models of joint guardianship, the Horn model and the Joyce model. The ''Family Law Act'' doesn't talk about guardianship the way the old law did and can't be used to spell out spouses' rights and obligations in the same way. However, since joint custody involves the need to work together and cooperate in making parenting decisions, the models can still work. They just need to be changed a bit. | ||
==== | ====Joyce and Horn Model==== | ||
The | The following two sections talk about orders that were made under the old family law legislation, the ''Family Relations Act''. While the courts and many lawyers are familiar with the Joyce and Horn Models, when competing applications are brought under the ''Divorce Act'' and the ''Family Law Act'', reliance on these Models can result in confusion. If the parents aren't sharing all parenting responsibilities, then a Master Horn or a Master Joyce order may be helpful. | ||
Here's the standard version of the Joyce | ====The Joyce Model==== | ||
The Joyce Model, created by Mr. Justice Joyce, is fairly detailed and requires spouses to consult with one another on all important decisions affecting the child and to make their best efforts to work together to reach a solution that is in the best interests of the child. When spouses can't agree on a decision, the Joyce model might say that one spouse will have the last word, or it might say that the spouses will try to mediate the issue, consult a child psychologist about the issue, or ask a judge for an order on the issue. | |||
Here's the standard version of the Joyce Model adapted for spouses who have joint custody: | |||
<blockquote>The spouses will have joint custody of the child on the following terms:</blockquote> | <blockquote>The spouses will have joint custody of the child on the following terms:</blockquote> | ||
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:#each spouse will have the right to obtain information concerning the child directly from third parties, including but not limited to teachers, counsellors, medical professionals, and third-party caregivers. | :#each spouse will have the right to obtain information concerning the child directly from third parties, including but not limited to teachers, counsellors, medical professionals, and third-party caregivers. | ||
You can download a version of the adapted Joyce | You can download a version of the adapted Joyce Model in PDF format in the resources section at the bottom of this page. | ||
====The Horn | ====The Horn Model==== | ||
The Horn model, created by Master Horn, is more about spouses' rights to get information about the child, usually about the child's schooling, health, and extracurricular activities. The Horn model implies that the spouse with whom the child mostly lives will be entitled to make decisions about the child as he or she sees fit, with the other spouse having a right to get information about the child and be consulted about important decisions involving the child. | The Horn model, created by Master Horn, is more about spouses' rights to get information about the child, usually about the child's schooling, health, and extracurricular activities. The Horn model implies that the spouse with whom the child mostly lives will be entitled to make decisions about the child as he or she sees fit, with the other spouse having a right to get information about the child and be consulted about important decisions involving the child. | ||
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===Shared custody=== | ===Shared custody=== | ||
Shared custody is a term used by the [[Child Support Guidelines]] to describe a kind of joint custody situation in which the children spend an equal or almost equal amount of time with each parent. Where parents have shared custody, the children will usually spend a certain amount of time with one parent at that home and a similar amount of time with the other parent at their home. Shared custody can require that the children switch homes every three or four days, every other week, every two weeks, or every month; the amount of time the children spend with each parent will depend on the circumstances of each case, the age of the children, the parents' work schedules, and the schedules of the children's activities. | Shared custody is a term used by the Federal [[Child Support Guidelines]] to describe a kind of joint custody situation in which the children spend an equal or almost equal amount of time with each parent. Where parents have shared custody, the children will usually spend a certain amount of time with one parent at that home and a similar amount of time with the other parent at their home. Shared custody can require that the children switch homes every three or four days, every other week, every two weeks, or every month; the amount of time the children spend with each parent will depend on the circumstances of each case, the age of the children, the parents' work schedules, and the schedules of the children's activities. | ||
In many ways, this is an ideal form of custody since the children spend an equal amount of time with each parent, and have an equal opportunity to bond with each parent. Shared custody usually requires that: | In many ways, this is an ideal form of custody since the children spend an equal amount of time with each parent, and have an equal opportunity to bond with each parent. Shared custody usually requires that: | ||
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===Split custody=== | ===Split custody=== | ||
Split custody is a term used by the [[Child Support Guidelines]] to describe a kind of parenting situation in which one or more of the children live with mostly with each parent. The parents may have sole custody of the children in their care or they may have joint custody of all of the children, regardless of where the children live. | Split custody is a term used by the Federal [[Child Support Guidelines]] to describe a kind of parenting situation in which one or more of the children live with mostly with each parent. The parents may have sole custody of the children in their care or they may have joint custody of all of the children, regardless of where the children live. | ||
This is a fairly unusual order as it requires the separation of siblings and there is a risk that they may grow apart from each other as time passes. These sorts of orders are only made where there is clear evidence that it is in the best interests of all of the children to fracture the family unit, such as when the siblings are constantly fighting or at each other's throats, or when one child has a particular attachment to a parent not wholly shared by the other children. In such cases, a needs of the child assessment, prepared under s. 211 of the ''[[Family Law Act]]'', confirming that the children should be split apart is essential. | This is a fairly unusual order as it requires the separation of siblings and there is a risk that they may grow apart from each other as time passes. These sorts of orders are only made where there is clear evidence that it is in the best interests of all of the children to fracture the family unit, such as when the siblings are constantly fighting or at each other's throats, or when one child has a particular attachment to a parent not wholly shared by the other children. In such cases, a needs of the child assessment, prepared under s. 211 of the ''[[Family Law Act]]'', confirming that the children should be split apart is essential. | ||