Does either party (you or your spouse) have an automatic right to custody of our children?

January 30, 2017

No, “custody”, in law, means “decision-making”. “Sole custody” means that one of the parents is entrusted with all of the rights surrounding the major decisions to be made on behalf of the child or children. Sole or joint custody does not have anything to do with where your children will reside.

“Joint custody” means that the decision-making authority with respect to the children is shared between the parents, so that both parents have to agree to a decision (following a consultation process) before a decision can be made; one parent cannot unilaterally make a major decision.

By law, both parties have an equal right to custody of children until and unless the parties agree or a court determines otherwise. NOTE: If your case is of an urgent nature, you should consult with a lawyer immediately in order to seek advice specific to your circumstances. Also, you may want to contact your local Children’s Aid Society if the safety and protection of your children is at issue.