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Family Law & Children


Child Custody Matters

Day+Borg LLP Divorce

Child custody and access disputes can be destructive and stressful.  Over the years, we have assisted our clients where their partner has denied access to the children, or where child care arrangements need change.

The default for courts is that both parents should share joint custody of the children unless it is not in the best interests of the children.  In past years, we have acted for the Official Guardian (now the Children’s Lawyer) and have represented children in high conflict files.  Michael Day was one of four original lawyers in the Region of Peel who regularly acted for the Official Guardian representing the interests of the children in a marriage independent of the parents before the panel was expanded to its present number.  This trial experience has given us an expertise in child custody and access matters.

"Custody” of a child refers to the right to make decisions for that child, including decisions about the child’s health care, education, religious upbringing, and recreational activities.  If a parent has sole custody, he or she may make these decisions without consulting the other spouse, although the other parent will be entitled to information about these decisions.  If parents have "joint custody”, they are expected to have an equal input in the decision-making process.

The process can be amicable but not always.  If necessary we will work with you to minimize the actions of a strong-willed partner without exacerbating the dispute.  Whether you are seeking to change a custody arrangement or seeking to enforce your right to access, our goal is to be objective and results oriented.

If you and your partner are recently separated, and have reached a consensus on the custody arrangement for your children, you should formalize the agreement in writing so there is no misunderstanding.  There are numerous legal issues that are not always apparent and need to be considered in the drafting of such an agreement and we are well able to fully address these matters.