Custody

Although there is some differnce between the Federal Divorce Act and Ontario legislation, a
child is normally a child as long as he or she is under the age of majority (18 years in Ontario).  
The Divorce Act definition of child presupposes that the child has not “withdrawn” from the
parents charge and also allows that children with illness or disability can remain a child past this
age.

Under Ontario legislation, a child ceases to be a child upon attaining the age of eighteen years,
unless still in school full time.
Normally, a child must be ‘habitually’ resident in Ontario, before an Ontario court will a custody
or access order with respect to that child.

The Province of Ontario has in place very specific directions to courts that deal with issues of
custody and access. These directions are applied by the court to a case that is brought before
them 

Best Interest Test

Section 24 of the Children’s Law Reform Act provides that an application regarding custody of a
child or access to a child is determined on the basis of what is in the “best interests” of the child.
Section 24 more particularly instructs the court to: 
consider all of the child’s needs and circumstances, including the following:
(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.
Past conduct
The Act also provides that the past conduct of a parent may be considered by the court in some
instances. 

Please note: If you are involved  in a matrimonial dispute, we 
strongly recommend that you retain a lawyer to represent 
you at the first   possible opportunity;
This site and this note are designed only to acquaint you with a 
few (and only a few) of the issues that may affect you. 
It is not intended as legal advice on any specific case. 
You are well advised to retain the services of an 
experienced lawyer as soon as possible. 
Please note: If you are involved  in a matrimonial dispute, we 
strongly recommend that you retain a lawyer to represent 
you at the first   possible opportunity;
This site and this note are designed only to acquaint you with a 
few (and only a few) of the issues that may affect you. 
It is not intended as legal advice on any specific case. 
You are well advised to retain the services of an 
experienced lawyer as soon as possible. 
Let us represent you
Pearce Ducharme Family Law           
For an appointment phone us at    519-256-9500

For an appointment call 519 256 2500
Custody

Although there is some difference between the Federal Divorce Act and Ontario legislation, a child is normally a child as long as he or she is under the age of majority (18 years in Ontario).

  
The Divorce Act definition of child presupposes that the child has not “withdrawn” from the parents charge and also allows that children with illness or disability can remain a child past this age.

Under Ontario legislation, a child ceases to be a child upon attaining the age of eighteen years, unless still in school full time. Normally, a child must be ‘habitually’ resident in Ontario, before an Ontario court will a custody or access order with respect to that child.

The Province of Ontario has in place very specific directions to courts that deal with issues of
custody and access. These directions are applied by the court to a case that is brought before
them 

Best Interest Test

Section 24 of the Children’s Law Reform Act provides that an application regarding custody of a
child or access to a child is determined on the basis of what is in the “best interests” of the child.
Section 24 more particularly instructs the court to:

 
consider all of the child’s needs and circumstances, including the following:

(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
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.

Past conduct
The Act also provides that the past conduct of a parent may be considered by the court in some
instances. 

Please note: If you are involved in a matrimonial dispute, we 
strongly recommend that you retain a lawyer to represent 
you at the first possible opportunity;
This site and this note are designed only to acquaint you with a 
few (and only a few) of the issues that may affect you. 
It is not intended as legal advice on any specific case. 
You are well advised to retain the services of an 
experienced lawyer as soon as possible. 
Please note: If you are involved in a matrimonial dispute, we 
strongly recommend that you retain a lawyer to represent 
you at the first possible opportunity;
This site and this note are designed only to acquaint you with a 
few (and only a few) of the issues that may affect you. 
It is not intended as legal advice on any specific case. 
You are well advised to retain the services of an 
experienced lawyer as soon as possible.