Foster LLP > Services > Areas of Family Law > Parenting and Access

By: Foster LLP  09-12-2011
Keywords: Family Law

Parenting and Access

Parents are presented with two main issues with respect to custody. The first question is: Where will the children live? Often the parties will agree that the children should primarily reside with one parent. Other parents prefer to work out shared parenting plans with the children alternating their residence between the parents' homes.

The second issue regarding parenting is whether major decisions in the lives of the children will be decided by both parents jointly or solely by one parent.

When making parenting Orders the Courts are directed to consider what is in the

best interest of the child(ren)


Married parents may apply for Court orders regarding the parenting of their children under the Divorce Act or under The Family Law Act, 2005. Non-married parents must apply for orders regarding their children under the Family Law Act. The terminology used for parenting orders differs depending on the statute under which the parent applies. The Divorce Act uses the terms custody, to describe the right given to the parent with whom a child lives primarily and the term 'access' to describe the right of visitation given to the other parent. The Family Law Act uses the term 'parenting' for to describe the rights of a guardian parent with whom a child resides primarily and contact for the rights of the other parent, or a non-guardian.

If you have any concerns about the custody/parenting of your children, please contact one of our lawyers immediately, particularly if there have been any recent changes in the care arrangements for your children or if there are any plans to change the residence of your children. Inaction could be prejudicial to your case.

We aim to assist our clients to decide their options on the issues related to their children by working to understand each client's unique situation. We provide to our clients with a full explanation of their legal rights related to their children. Where issues are disputed, we discuss with our clients the many options they have for resolving parental rights and obligations relating to their children, the costs associated with each course of action and the probability of our client's success.

Keywords: Family Law

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