What is custody and how does the court decide custody?
When the parents are together, both parents have custody of the children; neither has more authority than the other. Custody becomes an issue when one parent wants to remove custody of the child from the other parent, usually upon separation. Custody essentially means the authority to make the major decisions in how a child is raised and cared for. This includes where and who the child will live with, the child’s education, and the child’s religion. Under both the divorce act and the Ontario children’s law reform act, either parent may apply to the court for an order respecting custody of, or access to the children. The court will decide custody according to what is in the “best interests of the child”. If the issue of custody is placed before the court, custody will be decided according to what is in the “best interests of the child.” this is a very broad standard that requires the court to look at each parent’s ability and willingness to care for the child. The court will consider th
