Visitation rights in Toronto are ultimately determined by the court system if you are not married to your co-parent. Two important laws govern this process: the Children’s Law Reform Act and the Divorce Act.
The application of these laws can have a dramatic impact on the amount of time you spend with your children. This is especially true if your home is not the primary residence for your child. Parenting time is worth fighting for, and the right family lawyer could help you achieve the best possible outcome.
Visitation—also referred to as parenting time—exists to ensure both parents have the opportunity to build a relationship with their child after a separation. As a baseline, the law recognizes that both parties have the right to build a foundational relationship with the child. However, that right is not absolute.
Visitation could also apply to parties other than the parents. In some cases, grandparents and other close family members may be able to petition for time with a child. This aspect of Toronto visitation rights can be complex, and it is best if you discuss this with a lawyer.
The law allows for flexibility on a case-by-case basis. Parenting schedules may consider multiple children across different relationships when necessary. Furthermore, the law could also limit access to the children when there is reason to believe a parent is unsafe.
Different options are available when it comes to facilitating parenting time rights in Toronto. Some plans offer more flexibility, while others are structured. Some of the options include:
The most flexible approach to visitation is reasonable access. Here, the parties rely on informal agreements that can change substantially from one week to another. Instead of rigid timetables or set parenting schedules, the parties collaborate and alter plans as required to fit the needs of parents and children alike. This option is best in situations where conflict between the parents is limited.
An informal agreement is not always a viable option for all co-parents. In some situations, the best possible approach is to have fixed access visitation rights. This means there is a written plan in place that sets out prearranged days and times for when you and your co-parent see the children.
While fixed access lacks the flexibility of reasonable access, it provides the kind of certainty that can be helpful in cases where tensions are present between the parties. Having a prearranged calendar can reduce conflict and misunderstandings, among other benefits.
There are also situations where a secure environment with neutral third parties is necessary to facilitate visitation. This is common in scenarios where a parent is working to regain previously lost access to their children.
Supervised access is important for protecting children, especially in cases where there has been a history of abuse or neglect. Depending on the circumstances, a social worker or family member could be present during a visit. There are also supervised access centres that allow for monitored visits.
If you have separated from the co-parent of your child, now is the time to learn about visitation rights in Toronto. This knowledge is important whether or not you have primary custody, as it may impact the relationship your children have with both parents.
It may be difficult to plan for visitation on your own, and you could benefit from the support of counsel. Reach out to one of our family lawyers at The Riley Divorce and Family Law Firm today to learn more.
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