Catsvlion,
I should mention this in regards to joint custody,
the fact is that at law [1], at the present time two parents, both mother and father are equally entitled to share the responsibilities and the benefits of custody. In other words, at law they in fact have
coextensive custody of the child until an agreement or order from the court provides otherwise. The sort of agreement meant is an agreement that is a valid separation agreement under Part IV of the Family Law Act, R.S.O. 1990, c. F-3, as amended. See subsection 18(1).
[1] - Childrens Law Reform Act R.S.O. 1990 c. C12 section 20(1)
20. (1) Except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child. R.S.O. 1990, c. C.12, s. 20 (1).
18. (1) In this Part,
“court” means the Ontario Court of Justice, the Family Court or the Superior Court of Justice; (“tribunal”)
“extra-provincial order” means an order, or that part of an order, of an extra-provincial tribunal that grants to a person custody of or access to a child; (“ordonnance extraprovinciale”)
“extra-provincial tribunal” means a court or tribunal outside Ontario that has jurisdiction to grant to a person custody of or access to a child; (“tribunal extraprovincial”)
“separation agreement” means an agreement that is a valid separation agreement under Part IV of the Family Law Act. (“accord de séparation”) R.S.O. 1990, c. C.12, s. 18 (1); 1996, c. 25, s. 3 (2); 2001, c. 9, Sched. B, s. 4 (7, 8).
When parents separate:
20(4) Where the parents of a child live separate and apart and the child lives with one of them with the consent, implied consent or acquiescence of the other of them, the right of the other to exercise the entitlement of custody and the incidents of custody, but not the entitlement to access, is suspended until a separation agreement or order otherwise provides. R.S.O. 1990, c. C.12, s. 20 (4).
the right of the other to exercise the entitlement of custody and the incidents of custody, is suspended, NOT ENDED.
the entitlement to the child's access continues, which includes the right to visit and be visited by the child and the same right as a parent to make inquires and to be given information as to the health, education and welfare of the child.
as listed in the act;
20(5) The entitlement to access to a child includes the right to visit with and be visited by the child and the same right as a parent to make inquiries and to be given information as to the health, education and welfare of the child. R.S.O. 1990, c. C.12, s. 20 (5).
http://www.e-laws.gov.on.ca/DBLaws/S...c12_e.htm#BK21
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