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Establishing Sole Custody

Hello, I’m Brian Galbraith, I’m the owner of Galbraith Family Law. We are a law firm of divorce lawyers located at Barrie, Newmarket and Orillia. I’m often asked, what is the difference between joint custody and sole custody Well, custody for lawyers means how you make decisions. In a joint custody regime the parents make decisions together. If one parent has sole custody, they make all of the major decisions. So, major decisions are those that relate to the health care, religious upbringing and education of your children. Of course, there can be some disputes as to what decisions are major, which ones are minor.

Day to day decisions are made by the parent who has the children under their care but those major decisions that have a significant impact on a children’s lives are made jointly if you share joint custody. In Ontario the courts tend to assume that it’s in the best interest of the children that both parents are involved in decision making but if there’s evidence that the parents will be fighting and arguing and it will be not in the best interest of the children to have joint custody, then they’ll order sole custody and give that.

Decision making part to one person. Now, often parents think that custody means the amount of time that the children spend with each parent. Well, that’s not the case. Joint custody can occur even when the children are living primarily with one parent and the other parent just has access. So, often when people refer to joint custody, they assume it means that the children will be with both parents an equal amount of time. That is in fact, called shared custody. Confusing, isn’t it Not sure why the term custody was used in two different contexts but from a legal.

Joint Custody Versus Sole Custody in Ontario

Point of view, joint custody versus sole custody means how decisions will be made. Now, sometimes even if we have joint custody are going to have disagreements, so it’s always best to see if you can work out those disagreements and come to a decision on your own, but if you need help, we sometimes send you to mediation where a neutral third party will help you discuss the issues and come to an agreement. Sometimes we have to go to court to get a judge to decide which point of view should.

Prevail, what’s in the best interest of the children. Sometimes what we’ll do is we’ll hire a parenting coach who unlike a mediator can actually give you advice and make some suggestions as to what the best resolution of the issue is, and they’ll help you work out an agreement. Whatever is needed we’ll help you find the expertise so that you can make the best decisions for your children and your family. So, if this tutorial has been helpful, please give it a thumbs up. If you’d like more information or a consultation with.

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