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 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.
How Do Fathers Get Custody of Their Child
Hello, my name is brian galbraith and i’m the owner of galbraith family law. we’re a law firm of family law lawyers located in Barrie, Orillia and Newmarket. How does a father get custody of his children? Now, there’s a myth out there that fathers never get custody of their children. This is based on the historic fact that, traditionally, mothers were primarily responsible for the care of children and fathers were the bread winners. So it made sense, in those days, that the court would order custody to the mother since.
She was the one primarily looking after the children anyway. it was in the children’s best interested to be with their mother. Nowadays, both mothers and fathers usually participate in the care giving and in earning the income for the family. As a result the Ontario courts are more inclined to order an equal time sharing regime for the children. If a father wants custody of his children, he needs to prove that it’s in the best interest of the children that he has custody. A strong argument would be that he was traditionally.
The one responsible or primarily responsible for the care, and that he can continue to provide the care that the children want and deserve. Custody battles are often very nasty. They can take many months and even years to resolve and cost thousands of dollars in legal fees. The children often suffer when there’s a custody battle between their parents. As a result we prefer to help our clients negotiate a settlement. One of the best processes to do that is called collaborative practice. That’s a process where.
The parties agree not to go to court and they work with professionals to find a resolution to their petty issues and any other issues that they have to resolve related to the separation. It’s a very cost effective process and keeps the power of decision making in the hands of the parents. Most importantly, it helps prevent the children from being in the middle of a battle between mum and dad. If this tutorial’s been helpful, give it a thumps up. And if you’d like to learn more information.