Passionate Family Law Lawyers Representing Clients in Custody and Access Disputes

When a couple agrees to separate or divorce, one of the most important issues to be decided is each person’s custody and access rights with respect to their child(ren). Custody and access arrangements will have a tremendous impact on your child(ren)’s well-being. In addition, such decisions may influence spousal support, child support and the division of property. For these reasons, it is beneficial to receive legal advice about custody and access arrangements early in the process of separation, in order to ensure you understand and protect your legal rights.

At Gelman & Associates, we provide effective legal representation during custody and access disputes, tailored to the individual needs of the client. We seek to empower clients to make informed decisions regarding custody and access, while also aggressively litigating on their behalf when necessary. Our lawyers strive to provide exceptional legal counsel as well as a positive customer service experience for our clients. It is our job to put you at ease and ensure your rights are protected while navigating through the often-intimidating family court system.

The Difference Between Custody and Access

In family law, “custody” refers to a parent or guardian’s legal responsibility to make decisions for a child related to health, education and religion. In comparison, “access” refers to the time spent with the child.

Most custodial and access arrangements are made between the parents themselves with the assistance of professionals. If parents are unable to agree on custody and access, either on their own or with the assistance of lawyers or mediators, then the courts will do it for them. In deciding custody and access disputes, the courts will consider the child’s “best interests”. Some common factors considered by family law courts to determine what is in a child’s best interests include:

      • wishes of the child (if old enough to capably express a reasonable preference);
      • mental and physical health of the parents;
      • religion and/or cultural considerations;
      • need for continuation of stable home environment;
      • age and sex of the child;
      • adjustment to school and community; and

Contact Our Custody and Access Lawyers at one of Our Offices in Aurora, Barrie, Downtown Toronto, Mississauga, North York and Scarborough

Contact Gelman & Associates to learn how knowledgeable family law lawyers can protect your custody and access rights. We strive to provide you with the information and resources necessary to make informed decisions about family law matters. In addition to a comprehensive family law kit that all clients are given during their initial consultation, we also offer live webinars on divorce in Ontario and quarterly Ask the Lawyer live webinars. To help you maintain positive mental health during a difficult period, we also offer our clients a free consultation with a psychological professional.

Conveniently located in six offices throughout Ontario, our offices are easily accessible by transit and off-highway. In order to be available to clients and prospective clients, our phone lines are open Monday to Friday from 8 AM to 8 PM. Call us at (416) 736-0200 or 1-844-736-0200 or contact us online for an initial consultation.

From the Blog

Latest posts from the Gelman & Associates blog

13

Court Determines That it Lost Jurisdiction in Custody Dispute

Is it possible for a court, which has jurisdiction to deal with a matter, to subsequently lose jurisdiction? In a recent decision, an Ontario court found that, indeed, it could not maintain jurisdiction over the parties’ custody dispute since they had both returned to live in Japan.   The Parties’ Story In 2011, the parties …


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07

Court Looks At Whether It Has Jurisdiction To Order Reunification Therapy

Issues around custody and access to children can be one of the most stressful aspects of a separation or divorce. These issues can become more contentious when one parent is denied access to a child, or when one parent tries to influence the relationship between the child and the other parent. In a recent decision …


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27

Does a Child Getting Older Constitute a “Material Change in Circumstances” When Varying Parenting Time?

An Ontario court recently considered the interesting question of what constitutes a material change in circumstances when determining a party’s request to vary parenting time.   The Parties’ Story The parties had a child in 2014, but they never cohabited or had a relationship (they had several casual encounters only). The father was not present …


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