Child Custody in Canada

Custody: generally is referred to the parents right to:

1) have a child live with that parent, and

2) make decisions concerning the child.

The court may award two types of custody arrangements: 1) Sole Custody- custody is to only one parent, 2) Joint Custody- custody is shared between the two parents, and parents have the right to physical care, control and direct supervision of the children.

UPDATE: Divorce Act of March 2021

“Back in the day, parents went to court. If they couldn’t resolve their child arrangements themselves, courts imposed orders for custody and access. Normally, the parent who had the children the majority of the time had primary responsibility for making decisions.”

The new Divorce Act of March 2021 does not include language about custody and access.

To distinguish between parenting time and decision-making responsibilities, the term custody has been replaced in the 2021 Divorce Act with the phrase parenting order, and the term custody has also been replaced.