CUSTODY TRANSFER PROCESS IN ONTARIO

Family law

08 May

The procedure for transferring custody in Ontario is rather complicated. A single misguided choice could ruin your opportunity for a positive custody outcome.

We will be going through the Key Guidelines in custody disputes include essential Dos, like prioritizing the child's best interests, and Don’ts, such as avoiding negative talk about the other parent.

Before we go into the details, we should understand the Legal Process in Ontario for transferring custody:

1. Begin by submitting a custody or access application, either as part of a divorce or independently at the local family court, clearly outlining your proposed arrangement and justification. 2. Serve the other parent, allowing them to agree, dispute, or offer alternatives. 3. A case conference follows, where both sides, their lawyers, and a judge discuss key issues to seek common ground. 4. If unresolved, a mandatory settlement conference aims to reach an agreement or ensure the case is trial-ready. 5. If no deal is made, the case proceeds to trial, where both parties present evidence, and the judge rules based on the child’s best interests. 6. The court then issues a binding custody order detailing responsibilities and visitation.

If you wish to gain an advantage in a custody battle,  keep these key factors in mind to help sway the court’s ruling in your direction:

1. Keep Communication Civil: Maintain respectful dialogue with your former partner; courts favor parents who collaborate for their child’s sake. 2. Be Actively Involved: Regularly participate in your child’s daily life - school, healthcare, and activities to demonstrate consistent, responsible parenting. 3. Stay Emotionally Grounded: Remain calm and composed during legal proceedings, emotional outbursts or erratic behavior can work against you in custody evaluations. 4. Focus on Child’s Needs: Show that your primary concern is your child’s emotional and physical welfare as this can strengthen your position in court. 5. Respect: Don't say bad things about your ex in front of your child. It can hurt your child emotionally and make you look bad in court. 6. Follow Court Orders: Follow all temporary court orders and agreements exactly as told. Not following them can make you look untrustworthy and hurt your case. If there’s a problem, go through the legal process instead of trying to fix it on your own.

Negative Impact can consequently effect the child’s future. Therefore, when addressing conflicts, steer clear of the following issues:

1. Refrain from making derogatory remarks about the other parent in the presence of your child. Such behavior can cause emotional distress to the child and may negatively influence the court’s perception of your character. 2. Avoid bringing forward baseless or false accusations against the other parent. If these assertions are proven, they can significantly undermine your reliability and trustworthiness before the court. 3. Abstain from consuming alcohol or drugs, particularly around your child. The misuse of substances poses serious concerns regarding the child's well-being and can greatly weaken your position in proceedings.

Remember, your ex knows a lot about you, and they can use that information against you in a custody case:

1. Unsteady Home Life: Judges want kids to have a safe, steady place to live. If you have moved a lot, have poor housing, or your living setup isn’t ideal, that could be used against you.

2. Turning Kids Against the other parent: Trying to make the children dislike the other parent can seriously hurt your case. Judges see it as damaging to the child’s emotional health.

3. Past Legal Trouble: If you have a criminal history, the court will look closely at it. Any past offenses might raise concerns about your ability to provide a safe and stable environment for your child.

4. Poor Parenting Habits: If your ex can show that you’re often late picking up your child, miss important events, or don’t help with school or health needs, it might make you look irresponsible as a parent.

5. Negative Social Media Posts: Anything you post online, like angry rants, pictures of partying, or comments about your ex can be used as evidence and hurt your case.

6. New Relationships: If you are living with a new partner, the court may look into how that person affects your child's well-being, especially if your ex raises concerns.

It’s important to handle custody issues with careful planning. Following the right steps and avoiding harmful mistakes can help keep your child’s well-being first and lead to a fair outcome for everyone involved.

RRM Law can guide you through every step of your custody case by providing clear legal advice, representing your interests in court, and helping you make informed decisions that protect your child’s well-being and your rights.

Connect with our team. Call (905) 798-3776 OR Email: info@rrmlawoffice.com