True definition of custody according the the Family Law Act?

[Nationcaps]

Good afternoon:

I've been trying to locate the exact definition of "custody" in the Family Law Act.

In some legal forums, I have found a reference to custody as "spends time with the child" and other places I have found "resides with" or lives with". And how does the Family Law Act define "lives with"?

In most cases, it probably does not makes a difference. However, in my case, my child is with a third-party provider, overnight, more than 40% of the time.

Thanks

[Perserverance]

A few more details are required......what relation would this third-party provider be to the child if they are staying over night with them? What percentage of time to you have with the child?

[Nationcaps]

As it stands now, ex has "primary residence" but my child is with his grandparents over 40% of the time. The other remaining time is split evenly between my ex and I.

[Perserverance]

Do you have 50/50 joint custody? If the time spent with his grandparents is during "her" time, it is her time to do with whatever she pleases.

[Tayken]

Good afternoon:

I've been trying to locate the exact definition of "custody" in the Family Law Act.

In some legal forums, I have found a reference to custody as "spends time with the child" and other places I have found "resides with" or lives with". And how does the Family Law Act define "lives with"?

In most cases, it probably does not makes a difference. However, in my case, my child is with a third-party provider, overnight, more than 40% of the time.

Thanks

You want to look at the "Family Law Rules" not the extinct "Family Law Act". Custody and Access is defined as 50-50 (equal responsibility and time). The only time this changes is one party gives up on that responsibility or someone sues to take it away.

Good Luck!
Tayken

[Mess]

Please see the Children's Law Reform Act. Section 3 is all about defining custody of children.

The Family Law Rules are all about filing court papers, they are nothing about custody.

There is no definition of custody and access that requires 50/50. Shared Parenting is the legal term in the Child Support Guidelines and in various CRA regulations that refers to parenting between 40%-60%.

If there is no court order or signed agreement stating otherwise, the default situation is that parents have joint legal custody (decision making) if the child continues to reside with both parents. This can be simply a weekly overnight. If a parent abandons the child and doesn't seek access, they are giving up legal custody.

Access is defined simply as access to the child. It can be 1% of the time or 99% of the time or anything in between, in Ontario law it is referred to as access.

[Nationcaps]

Thanks very much. I think I now have a better understanding of access. According to the Law Reform Act, it defines access as:

Access
(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).


I guess in my case, the word "entitlement" is the kicker. My ex is "entitled" to primary access (on paper), but doesn't actually spend time with my child.


Thanks very much.