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Difference between revisions of "Custody and Access"
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→Factors in custody awards
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*The parent most likely to be granted sole custody is the person who was the children's primary caregiver during the relationship, assuming that it's necessary to make an order for sole custody for some reason. | *The parent most likely to be granted sole custody is the person who was the children's primary caregiver during the relationship, assuming that it's necessary to make an order for sole custody for some reason. | ||
*Each parent's character, fitness and ability to parent may be considered in determining custody, depending on the circumstances of the case and as long as issues like this are genuinely important and relevant. | *Each parent's character, fitness, and ability to parent may be considered in determining custody, depending on the circumstances of the case and as long as issues like this are genuinely important and relevant. | ||
*The court may consider each parent's mental and physical capacity in determining custody, depending on the circumstances of the case and again as long as issues like this are genuinely important and relevant. | *The court may consider each parent's mental and physical capacity in determining custody, depending on the circumstances of the case and, again, as long as issues like this are genuinely important and relevant. | ||
*Siblings will usually be kept together, although they can be separated when it would be in their best interests to live apart. | *Siblings will usually be kept together, although they can be separated when it would be in their best interests to live apart. | ||
*Where the children are in a stable and satisfactory setting, the court will be reluctant to alter the status quo, unless the long-term interests of the children outweigh the benefits of disturbing their present stability. | *Where the children are in a stable and satisfactory setting, the court will be reluctant to alter the status quo, unless the long-term interests of the children outweigh the benefits of disturbing their present stability. | ||
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There is no guaranteed way to predict the outcome of a battle for custody. Some people believe that the courts will prefer giving custody of children to their mothers; others believe that the courts have adopted a more modern approach which focuses on parenting rather than on gender. Either way, the critical factor in a custody award is the best interests of the child. The parent who is obviously the primary caregiver will usually be the person with whom it is in the child's best interests to remain. | There is no guaranteed way to predict the outcome of a battle for custody. Some people believe that the courts will prefer giving custody of children to their mothers; others believe that the courts have adopted a more modern approach which focuses on parenting rather than on gender. Either way, the critical factor in a custody award is the best interests of the child. The parent who is obviously the primary caregiver will usually be the person with whom it is in the child's best interests to remain. | ||
While both the ''Divorce Act'' and the ''Family Law Act'' speak of a child's best interests, section 16(10) of the ''Divorce Act'', the ''Maximum Contact Principle'' flies in the face of the ''Family Law Act's'' presumption in s. 40(4) that in making parenting arrangements, no particular arrangement is presumed to be in the best interests of a child. | While both the ''Divorce Act'' and the ''Family Law Act'' speak of a child's best interests, section 16(10) of the ''Divorce Act'', the ''Maximum Contact Principle'', flies in the face of the ''Family Law Act's'' presumption in s. 40(4) that in making parenting arrangements, no particular arrangement is presumed to be in the best interests of a child. | ||
===Factors in access awards=== | ===Factors in access awards=== | ||