Children suffer the most in broken marriages or relationships. However, they deserve the love, care, and attention of their parents. Joint custody gives them the chance to receive it from both parents.
Moreover, joint custody allows children to maintain strong relationships with both parents. It works best when both parents set aside their differences and do what is best for their children.
In Canada, the best interests of the child are paramount. Custody arrangements prioritize the child’s emotional, physical, and mental well-being. If you have just divorced or separated, this article will help you understand joint custody laws in Canada.
What Is Joint Custody?
Joint custody is a legal arrangement in which both parents are responsible for making critical decisions about their child’s upbringing. It aims to ensure that children maintain a meaningful relationship with both parents.
Balanced and consistent care by both parents fosters a sense of stability and security in the child. Joint custody offers both parents the right to make crucial decisions for the child, including education, healthcare, and overall well-being.
How Joint Custody Works in Canada?
The laws governing child custody in Canada are primarily found in the 1997 Federal Child Support Guidelines under the Divorce Act. This arrangement states that the children can spend at least 40% of their time with each parent.
Many people think joint custody means spending equal time with both parents. Not really! The amount of time spent at the mother’s home is separate from that at the father’s home.
Parents can rotate the visiting schedule to share equal time with the children. Joint custody is always the best option unless there are unusual circumstances between both parents.
Canadian law determines joint custody, considering several factors that go in favour of the child’s best interest.
- The ability of parents to cooperate and communicate effectively.
- Each parent’s ability to provide a loving and stable environment for the child.
- Ethical codes, attitudes, and activities of both parents.
- Child’s preferences regarding custody arrangements.
- The tendency of one parent to allow the child to have relatively constant interaction with the other parent.
- Parents’ previous record about the child’s best interest.
- Quality of parent-child relationship.
Types of Joint Custody
There are two types of joint custody in Canada. These are –
Joint Legal and Joint Physical
Joint legal custody and joint physical custody are two distinct but sometimes overlapping concepts. Both types aim to ensure the child’s welfare by involving both parents in their upbringing.
Joint legal and joint physical custody refers to when the child lives with both parents and gets equal time separately. It works well when both parents live in the same city.
Both parents share the right and responsibility to make important decisions about their child’s life. Parents must communicate and collaborate effectively to make these decisions jointly.
Joint Legal and Sole Physical
Joint legal custody paired with sole physical custody refers to when both parents are involved in decision-making, but one custodian provides living arrangements. While one parent takes on the primary caregiving role, the other parent has visitation rights.
In this case, the child can spend maximum time with the custodian parent. This parent handles the daily routines, such as meals, homework, and bedtime. One parent can be the decider if conflict happens.
However, both parents have the right to make decisions for their children. These decisions typically include education, healthcare, religion, etc. They must communicate and collaborate on major decisions affecting the child’s life.
Shared Custody vs Joint Custody
Many people think of shared custody and joint custody as the same. However, these two have distinct meanings in the legal context. Understanding the differences between them is crucial for parents navigating custody arrangements.
Shared custody is a certain type of joint custody. The child spends approximately equal time living with each parent in this arrangement. It often implies an equal time split (50/50) compared to joint custody.
Conversely, joint custody refers to an arrangement where both parents share responsibilities and decision-making for their child. It focuses on making legal choices for the child.
Though both sound similar, shared custody is a subset of joint custody. Joint custody highlights legal and physical aspects, whereas shared custody focuses on an equal split of the child’s time between both parents.
Conclusion
Divorce may end a marriage, but co-parenting is a lifetime commitment to your children. Joint custody is the way to fulfill that commitment together. It ensures that both parents remain actively involved in their child’s life.
So, a cooperative parenting approach would benefit the child’s overall well-being. It is not always easy to put relationship issues aside and agree to joint custody. However, the children deserve to feel loved and supported by both parents.
FAQs
What is the most common custody arrangement in Canada?
Joint legal custody or shared custody has become Canada’s most common custody arrangement over the years. It is the best possible situation after a divorce because both parents spend meaningful time with their children.
What percentage of fathers get full custody in Canada?
The recent statistics state that only 7% of fathers get full custody in Canada. Conversely, 80% of the mothers get full custody. The percentage of fathers receiving full custody is considerably low. However, there has been a growing recognition of fathers’ important role in their children’s lives.
When should I fight for sole custody?
If the other parent poses a risk to the child’s safety or well-being, seeking sole custody is necessary. This includes situations involving physical or sexual abuse and mental instability.
If the other parent is consistently absent or fails to fulfill parental responsibilities, you might seek sole custody. In cases where a lack of cooperation between parents makes joint custody unworkable, sole custody may be more appropriate.
Is joint custody a good idea for my child?
Experts agree that joint custody is the best for the child’s interest. Children stay in touch with both parents in case of child custody. Parents can equally contribute to the child’s well-being. Thus, they feel loved and desired from both sides.
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