Subsection 24(2)(h) of the Children’s Law Reform Act that outlines a number of factors determining the best interest of the child, requires the court to consider the child’s relationship by blood or through the adoption order between the child and each person who is a party to the application. It should be noted that the section does not create a presumption in favour of biological parents. Often the applicants for custody in a court proceeding are biological parents making the…
Custody and Access – Office of the Children’s Lawyer
Parents in a custody battle usually are faced with issue of how best to present to the court what they view as the child’s needs or the child’s views and preferences without appearing that they are influencing the child’s decision one or way or another. Your family lawyer can assist you make a decision as to whether your case needs the involvement of Office of the Children’s lawyer (OCL) to be appointed in order to effectively present the child’s needs,…
How to Succeed in Your Custody Battle for Couples Living Together Before Separation
When assessing a custody claim for couples residing together before separation, a judge will likely award you one form of custody of your child (sole custody, joint custody, shared custody or parallel parenting) if you present evidence that meet elements of section 24 of the Children’s Law Reform Act. Here is a summary of what you need to do: Start parenting before the child is born by participating in pre-natal classes and supporting the pregnant partner with the pregnancy i.e. accompanying her…