What is Child Custody

The term "custody" means a parent may make major decisions affecting a child. Important decisions regarding a child's health, education and religion may be made by a custodial parent. If one party is granted sole custody, he/she will have the right to make all decisions regarding the above issues. If there is an agreement or order for joint custody, parents make these decisions together and one parent is unable to make major decisions without consulting with the other. Shared custody is commonly used to refer to a situation where parents share about equal time with the child. Although custody refers to decision making power of a parent, it is sometimes used to denote that a particular parent has physical care of a child.

What is Child Access?

Access refers to the time spent with a child. For example, a child may reside primarily with one parent and have access visits with the other parent on alternate weekends and two evenings per week. Another example might involve each parent having an equal right of access so that the children spend equal amounts of time in each parent's homes each week or on an alternating weekly basis. Access is seen as the right of the child, not the parent.

How are Custody and Access disputes resolved?

It is preferred that parties reach an agreement regarding custody and access themselves, through negotiation and the assistance of their lawyers, or the use of a mediator or parenting co-ordinator. It is also possible to hire a custody and access assessor in certain cases. An assessor is a third party psychologist or social worker who provides a report regarding the best interests of the child. This report is not determinative of the issue in court but will be considered by a judge if the matter is litigated. A custody and access assessment often assists the parties in resolving issues without the need for court assistance.

If parties cannot reach an agreement regarding custody and access outside of the court process then a judge must make a determination about where the child will live, the terms of access as well as how decisions will be made for the child.