Child Custody

In Canada, it’s crucial to distinguish between custody and access. Custody grants the authority to make critical decisions about a child’s upbringing, including their education, healthcare, and religious upbringing. Access, however, is more limited, allowing a parent to visit their child and obtain information about the child’s health, welfare, and education from the custodial parent, doctor, or teacher.

Joint Custody

Joint custody requires parents to make decisions about their children’s welfare together. It necessitates good communication and mutual consent. If parents frequently conflict, this can disrupt the decision-making process, often leading them to opt for sole custody instead.

Sole Custody

Sole custody becomes preferred when parents cannot communicate or cooperate effectively. It allows one parent to make all necessary decisions to ensure the child’s well-being without the deadlock in non-functional joint custody arrangements.

The courts prioritize the child’s best interests when determining the appropriate type of custody.

Cohabitation Agreement

A cohabitation agreement is a contract for partners in a common-law relationship who are not married. It typically outlines how property will be handled if the couple separates and automatically converts into a marriage contract if the partners marry. Unlike prenuptial agreements for married couples, cohabitation agreements focus on protecting individual assets, debts, and incomes to prevent future claims on one another’s property. These agreements do not cover child support or parenting time, which can only be addressed upon separation.

Couples in a common-law relationship—living together for at least three years or having a child—should consult a lawyer to ensure comprehensive coverage in the agreement.

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