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5 Tips on Winning Father’s Rights In Ontario, Canada

Basic Parental And Custody Rules

Are you looking into father’s rights In Ontario? More mothers than fathers get exclusive custody of a child in Canada. As a father, you have parental rights. Read on to discover the 5 tips on winning your rights.

When you face a parental issue or dealing with a child custody trial in Ontario, there’s really no such thing as the “rights of a father” or the “rights of the mother.” Both parties have the same rights.

Custody is determined by the child’s best interest. After a separation or desolation of a marriage, the custody of the children shall be granted to the court. Sole custody means that only one person makes decisions exclusively about the child. Joint custody means that both mother and father have equal rights in the welfare of the child. Divided custody means that the mother can have custody of one child while the father has custody of another.

Father’s Rights In Ontario
Father’s Rights In Ontario

Joint custody means that the child spends the very same length of time with both mother and father.

You might want to read this article – Child Protection Agreements in Ontario 

Overview of child custody and the father’s rights

Father’s rights during custody battles in Toronto says that dads deserve equal parental time. They have rights with their kids following separation or divorce.

Only lately, our courts have given mothers more rights to children, especially young children. Father’s rights was a fight that started with some compassionate fathers who wanted justice. They wanted the courts to know that children had the right to have both parents in their lives. Dads are still as important as moms.

What percentage of fathers get exclusive custody of their children?

In reference to the Child Custody Statistics provided by the Department of Justice, only 7 percent of children are placed in their father’s custody. This is opposed to 80 percent who are placed in their mother’s custody. These statistics were for children under the age of 12. On the other hand, fathers do have a better outcome for children above the age of 12.  This showed a rate of 12% instead of 7%. Therefore, the younger the child, the harder it is for a father to get custody.

Source: Selected Statistics on Canadian Families and Family Law

Court-Ordered Custody Arrangement, According to the Age of the Child at Separation and the Type of Broken Union-NLSCY, Cycle 1, 1994-1995 can be seen below:

Tips on winning father’s rights in Ontario

1. Don’t point fingers at each other. This is true no matter what your ex-partner or wife says. Don’t listen if they say you’re to blame for each and every horrible thing that has ever happened in the old days.

2. Put your time and energy into resolving the conflict, not into creating the conflict.

3. Focus on your kid, not the mother. As challenging as it may be if she tries to harm you by telling lies, focus on the child.

4. Don’t argue with the mother. Instead, be more sensible and kind. Know that you might end up having a codependent relationship with her during the separation. Therefore, if she wants you to beg and plead, don’t let her feel like she’s in power and can dominate you.

5. Attend classes for childcare or parenting. Not just because of the case, but to realize that you can always be a better role model. Also, do something with your kids. Build memories and motivate your child through his or her school assignments or projects.

Father’s Rights In Ontario- Know these important legal terms:


A child’s guardian has certain rights, obligations and time with the child to exercise his or her powers. A guardian does not have to be biological parents. Further, sometimes it might be a family friend or a grandparent.

  • There are laws that limit the authority of the guardians.
  • The guardian has the authority to decide on the care of a child. There is a part of the Family Law Act that applies when the guardians do not live together.

In certain situations, the guardians are able to work out issues among themselves with just a verbal agreement. But it’s always better to get a lawyer to put together something in writing and have the parties sign it. Also, when signing an agreement, always make sure both parties get independent legal advice.

Father’s Rights In Ontario- Custody 

If there is no order or domestic agreement in place, the married parents might have “joint custody.”

Father’s Rights In Ontario
Father’s Rights In Ontario

Father’s Rights In Ontario- Access 

Access is a word used in the Divorce Act. In Ontario, it refers only to separated or divorced parents.  Access refers to the time the parent has with the children without custody (or primary care). Further, most court orders or agreements simply state that the access parent has fair, generous or “liberal” access.

The custody and access decisions are made only under the Divorce Act. In all other cases, the order will be referred to as the parenting order.

In conclusion, here is further reading for understanding the “Family Law Act” in Ontario:

  1. Asking for a custody or access order
  2. Divorce and Separation
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