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  • Rights of non-custodial parents

    If one parent has sole custody, I was told that you don't have to keep the ex informed legally. Is this written anywhere in the Family Law Act, Divorce Act?
    Just Curious

  • #2
    Grace,

    In ontario the children law reform act deals with the health and welfare of a child.
    The non custodial parent has the same right to make inquires to any professional that has dealings with the child. Ie: schools, medical, religion, dentist, daycare, extra curricular, etc.

    If one parent keeps information from the other parent they are technically breaking the law. Access to information is both parents right equally in regards to the child regardless of the custody situation in place.

    Childrens Law Reform Act R.S.O. 1990 Chapter C.12

    http://www.e-laws.gov.on.ca/DBLaws/S...c12_e.htm#BK24

    Section 20, subsection (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).

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    • #3
      Hi Grace,

      In addition to "logicalvelocity's" response to your question... Allow me to add the following from a male perspective (mine) as one who's raised his two kids for eleven years on his own - from when they were both very young.

      When one is at the biginning of the divorce process one tends to crave knowledge about the journey on which they've embarked (a good thing). In addition, one also tends to hyper-focus on the details of the legalities that one is governed by (also usually a good thing)... In my opinion, you are more than correct to inquire about the details of just exactly what you and your ex are legally allowed to do regarding the children - it is important to know what the rules are so that you can both follow them - it just makes sense.

      Keep in mind though that as they grow older and become more aware of their situation they will start to ask questions - often these question relate directly to the conduct of both parents years earlier when they were going through their divorce. When this started to happen to me I was quite surprised. Turns out - kids tend to grow up and become inquisitive...who'd have thought

      My point here is that if one or both parents realize that, although they may no longer be spouses, they are and always will be parents - They will do a great service to their children by trying their utmost to work together to ensure that the children are put first.

      From the perspective of a parent who's run the long-term course of divorce with children, I can attest to the merits of co-operation - even when it's difficult... It's a good feeling when the kids grow up and realize that they were put first even in the face of extreme anymosity between their parents.

      Hope this helps.

      Dan

      Comment

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