In the event that a parent does not secure child custody, they are still entitled to maintain a relationship with their child, albeit without legal custody. This arrangement is commonly referred to as parenting time or Access. Possessing the right to parenting time affords parents the opportunity to spend quality time with their children and stay informed about their well-being, including their health, academic progress, and overall welfare. Should there be a disagreement between parents regarding the duration of time the child should spend with each parent, it is advisable to seek a resolution through the court system. The court has the authority to issue access or parenting time orders, which can be either comprehensive or simplified, tailored to the child’s best interests. Given the unique nature of each family, visitation rights or parenting time schedules may vary significantly. It is recommended to consult with a family law attorney who possesses extensive knowledge in this area. You may have concerns regarding the amount of time your child should spend with you or wish to strengthen your case; Solutions Family Law Group is the professional firm to turn to.
Parental Rights in Canada
On our page—the divorce terminology we’ve gathered numerous phrases you should know when you present yourself in court. This article focuses on visitation rights (formerly Access), parenting time, and legal custody of a kid.
What Are Parents’ Rights
The main rule that lets a parent see their kid is laid out in Section 20 of the Children’s Statute Reform Act, which is a law made by the Canadian Family Court: The law says, “A parent has the right to see their child, visit them, and also the right to ask questions and get up-to-date information about the child’s health, education, and well-being.” So, a parent’s rights to see their child can change if there’s a court order or a divorce agreement. This means that a parent who gets to see the child can’t make decisions about the child’s health, education, or well-being in any way. The parent who has the child’s custody gets to make those decisions. The parent who doesn’t have the child custody as much still has the right to ask about the kid(s) and other family matters.
Fathers’ Rights
Many mothers think they automatically get to see their kids whenever they want. But that’s not true. It’s actually the kid’s decision (if not the court’s). When you’re making a plan for how to parent, you need to think about how often you can see your kids. If you are rejected from seeing them, you might have to go to court to fight for it. The court decides which parent has the right to be the custodial parent (either the father or the mother). If you want to win the fight, you must prove that the kid(s) should spend as much time with you as possible.
4 Types of Visitation Rights (formerly Access)
In divorce, the family court decides who can be the child’s custodial parent. In Canada, there are four types of parenting time. In some cases, parenting time will be denied if the court understands the parent is dangerous to the child.
Fix Parenting Time: It happens when the parenting schedule is super clear and covers everything.
Reasonable: Instead of sticking to a strict schedule, parents can keep their parenting time flexible if they both agree on it.
Supervised: It is also possible that there are situations in which the time spent parenting will need supervision from a third party (e.g., a family member, social worker, or friend).
No Visitation Rights: This only happens in really extreme cases, like if a child has been seriously neglected or abused or if there’s a danger to the child’s safety.
Win Your Case with Solutions Family Law Group
When it comes to figuring out who gets to see the kids and when the rules for fathers can get pretty tricky, which is why it’s a good idea to hire a good family lawyer who can tell you what you’re entitled to and help you fight for those rights. At Solutions Family Law Group, we really know our stuff about family law in Canada, and we’re here to help you keep fighting for your right to see your kids and be a part of their lives.
Hiring a lawyer can help you understand what you’re supposed to do and what you can do to make things work best for you and your kid(s). It’s definitely a smart move to get the right kind of legal help. If you’re dealing with issues about who gets to see the kids or any other family law stuff, don’t hesitate to reach out to our family law attorneys for some legal help and advice.
FAQs
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1- How can I stop visitation rights from my kid’s father?
It’s not your decision. You can only provide the court with enough evidence showing that the kid’s father (your ex) is dangerous to your kid. The court and the judge decide what is best for the kid.
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2- How far can a parent move with joint custody?
The law says that you should have the other parent’s consent if you want to relocate.
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3- Are there any rights of parents without legal custody?
There is always an equal right for both parents to have parenting time unless the court’s verdict is No Parenting Time for one of the parents.
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4- At what age can a child refuse to see a parent in Canada?
There is no fixed age. When the kid reaches 13, their wishes and preferences are considered by the court.
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5- What rights does the father have in child custody in Canada?
The child’s father has equal rights to their mom. The court decides who may get child custody based on their situation.
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6- What rights do parents have over their kid(s)?
If not against the kid’s best interest, the parents should settle all the kid’s matters (school, religion, etc.).
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7- What is primary custody in Canada?
Primary custody is formerly known as sole custody, in which one of the kid’s parent has all the rights to make decisions.
