Guardianship And Contact With Your Child: The Facts - Zukerman Law

Guardianship And Contact With Your Child: The Facts

Living in Ontario, you need to know how your divorce or separation is going to affect you and your relationship with your child. In most cases, both parents are going to have the right to raise the children they’ve had during a marriage, and they both have the right to make decisions about their children’s well-being.

Guardianship can be given to either parent or to both on a shared basis. If you and your spouse can’t agree to a plan that works for your situation, then the court can determine who will have access and when. This court order can only be applied for in the town or the city where your child normally lives, which should be a consideration.

Getting an initial guardianship order that you don’t like or that isn’t perfect doesn’t mean you have to live with that forever. It’s possible to have your orders changed if either person goes through changes in a significant way. For instance, if you get a new job, move closer to the family home, or get remarried, these can all be events that impact your guardianship. Because they are major live events, you’re able to apply for changes to your custody or access orders, too.

If you’re given custody, which is known as a guardianship, then you have the right to choose your child’s school, religion and to make medical decisions for your child. Your child will live with you most of the time as well. With access, you can visit your child or have your child visit you, and you also have the right to know about what happens in your child’s life, including facts about school, medical issues and other important factors.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.