Are you looking into child custody in Mississauga? Divorce is a prevalent reality that affects a significant number of Canadian couples and families. Divorce applications in Canada represented 39 percent of the family law cases reported in the 2019/2020 Civil Court Survey. Of these cases, 16 percent involved custody or access issues. 

As the country’s most populous province, Ontario understandably deals with a high proportion of divorce cases. With a divorce rate of 5.6 per 1,000 married couples, the number of divorces in the province reached 42,933 in 2020. 

Significant changes happen to the family dynamic during divorce. Divorcing couples must address numerous concerns, which can become more complex if they have children. One of the most critical decisions involved in divorce proceedings is deciding child custody.

Divorce Cases In Mississauga Ontario 

During the 2019–2020 fiscal year, Ontario reported 20,459 custody/access cases in civil courts. It’s common for divorcing couples to disagree on matters related to child custody, where the child’s best interest takes priority. 

But what factors are considered in identifying the best custody arrangement for the child? 

This article delves into how courts determine child custody in Mississauga divorce cases. We also discuss how the assistance of family lawyers can help ensure your child custody case is handled correctly from the outset. 

Relevant Child Custody Laws in Mississauga, Canada

Children are often the primary concern for couples undergoing divorce. Still, many divorcing couples become confused and taken aback when confronted with child custody issues. In Canada, laws concerning child custody encompass both federal and provincial legislation. 

Federal Divorce Act

Child custody refers to one’s legal authority to make significant decisions for a child’s welfare and upbringing. However, as of March 1, 2021, The Divorce Act in Canada replaced the term “custody” with “decision-making authority.” 

The amendment aimed to reinforce parents’ obligations to their children and ensure their primary focus is on the child. Moreover, it clarified that the court has the authority to allocate decision-making responsibility in various ways. 

What does that entail? The court can assign responsibility for making decisions to either or both spouses or an individual other than the parents. However, Section 16 of the Divorce Act stipulates that the court shall prioritize only the child’s best interests based on these primary considerations: 

• The child’s physical, emotional, and psychological safety 
• The child’s security and well-being 

Ontario Children’s Law Reform Act

Ontario’s Children’s Law Reform Act (CLRA) does not explicitly define custody. However, under Section 21 of the CLRA, both parents possess equal rights to pursue custody of the child. A parent will receive a charge when considered in the child’s best interests. 

What precisely constitutes the child’s best interest remains subject to interpretation. It gives the court a considerable degree of authority to determine what is in the best interest of a particular child. Nonetheless, Section 24 of the CLRA specifies that the court must consider all the child’s needs and circumstances when assessing their best interests.  

Determining the Child’s Best Interests in Custody

A range of considerations affect the determination of custody on the basis of the child’s interests in a Missauga divorce case. Based on the relevant child custody laws, courts commonly examine these factors to ensure their decisions serve the best interests of the child.

• The child’s relationship with the parents
• The child’s age and stage of development
• Views and wants of the child 
• The importance of stability in a child’s life
• Relationships with siblings and extended family 
• Cultural and religious practices
• The parent’s physical and mental health
• History of how the parents cared for the child
• Parent’s capacity to provide care
• Plans for the child’s care
• History of family violence

It’s worth noting that there’s no exhaustive list of factors to consider when determining the child’s best interests. The courts retain the discretion to put more weight on some factors than others. 

It’s a subjective decision based on the circumstances surrounding the child’s life and the evidence provided. In many cases, courts consider input from the Office of the Children’s Lawyer, social workers, or counselling professionals. 

Courts examine the status quo. It’s the existing arrangement between the child’s parents before the separation. Suppose the child’s current living situation is working well. In that case, the court may want to avoid implementing significant changes.

The Important Role of Family Lawyers in Child Custody Matters

The best custodial arrangement is when both parents reach an agreement. However, some challenges may arise during divorce proceedings, such as job loss, financial difficulties, domestic violence, or child abuse. These issues can complicate matters related to child custody. 

The assistance of a family lawyer with extensive experience handling child custody disputes is invaluable in such cases. Besides increasing the strength of the claim to obtain custody of children, an experienced family lawyer can negotiate an agreement based on the best interests of the child. 

Spouses contemplating or going through a divorce in Mississauga can negotiate a child’s custody plan between themselves. However, obtaining guidance from reputable family lawyers in Mississauga can help ensure the most favourable outcome. 

With sufficient knowledge of the child custody laws of your state, family lawyers can assist you in moving forward and lessen your burdens in the process.