No amount of access time feels like enough time with your children.

During a separation, sorting out custody and access can be very difficult. Parents can get so caught up in fighting for maximum time with their child(ren) that they can forget that the focus should be what is best for the child(ren). The courts look at various factors when considering the appropriate amount of parent/child access.

Some general questions are as follows:

• What are the ages of the child(ren)?
• How well do the child(ren) manage transitions?
• How are the child(ren) handling the separation?
• Are the parents in new relationships?
• what is the proximity of the parents residences?
• review the parents’ relationship with the child(ren)?

This list is not exhaustive and the questions that will be asked will depend on the specific facts of the matter, for example, should the gender of the parents be a relevant factor when discussing a parent’s access to a child(ren) 4 years and under?

Do you acknowledge or deny the appearance of a bias towards mothers having primary care of young children? If so, how does that bias impact same sex couples?

The one question that this blog can answer with 100% certainty is that each parent has an equal right to his/her child(ren) until a court decides otherwise, whether or not the child(ren) is a newborn or older.

SMP Law can help SiMPlify these questions and help you sort out what is in your family’s best interests. The courts promote the principle of maximum contact, as set out in subsection 16(10) of the Divorce Act, and Section 24 of the Children’s Law Reform Act.

Contact us anytime at SMP Law to help SiMPlify your legal matter at 905-565-9494 or email info@smplaw.ca if you have any questions or would like to book an appointment to meet and discuss your situation and how we can help.