In addition to determining issues related to property division, when Ontario parents divorce, they will also need to come to an agreement about how their child will be raised, how much time the child will spend with each parent and who will be in charge of making choices about the child’s upbringing. These decisions will be put into a parenting plan, also called a separation agreement, and if a couple cannot come to an agreement, the court may step in and make choices.
It is important to note that child support payments are not related to access to a child. Parents who are behind on support payments may still have access, and some parents may have no access even if they have been ordered to pay child support. Access may be agreed upon by parents or a fixed access plan may be set up that determines particular dates and times for a child to visit one of their parents. Custody is thought by many to relate to who the child lives with, but it actually determines who is able to make choices about a child’s upbringing, including where they go to school, medical treatments and religious training.
A parent may have sole custody of a child, even if the child splits their time evenly between the parents. Even if a divorce is fairly amicable, it is important to ensure that custody and access agreements are complete and accurately reflect a parent’s wishes. A lawyer may be able to help ensure that an agreement is comprehensive and that the client understands its contents before it is signed.
Source: Community Legal Education Ontario , “Separation and Divorce: Child Custody, Access, and Parenting Plans“, September 04, 2014