Under the Divorce Act and the Children's Law Reform Act, the biological parents are usually the ones who are legally responsible for making decisions about their children's best interests.
On separation, parents must agree on what schedule the children will live with each parent and who will deal with major decisions concerning their children’s health, education and welfare. Children must also be financially supported. A judge will not grant a divorce unless he or she feels that these issues have been adequately addressed.
In legal jargon, we refer to these issues as custody, access and child support. Parents will either agree on these matters in a separation agreement, or, if they cannot agree, a judge will decide for the parents, in a court of law. While separation is always stressful, children will adapt well, provided their parents get along. The research shows very clearly that it is the conflict between the parents that is difficult for their children – and not necessarily the separation itself.
An experienced and sensitive, child focused family law lawyer will help you negotiate a parenting arrangement that will work for your children and for both parents. Diane Daly limits her practice to family law, and helps parents negotiate their custody and child support arrangements using Collaborative Family Law, mediation, arbitration or a more traditional negotiation process. Diane will help you decide what kind of process will work best for you and your family.
Shared Custody and Access
Separating parents often share decision making for their children in a joint custody or shared custody arrangement, Custody and access can be re-evaluated periodically when there is a material change in the circumstances of one or both parents, or of the children..
It is best to contact the Daly Law team if you feel your custodyand/or residential arrangement of your children needs to be modified.
Diane Daly's Oakville office number, serving all of Southern Ontario, is (905) 844-5883.