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Why You Won't Get Custody of Your Kids

Episode 59 For many years, custody of the children was the big prize in any divorce or separation. Especially with the introduction of “no-fault divorce”, custody of the children was important because it showed who WON the divorce. For separating parents, getting custody, and controlling the other parent’s “access” has been the ultimate goal, which superseded other considerations, like maintaining an amicable relationship with other parents, or being able to co-parent, or addressing the children’s needs. With the introduction of the Child Support Guidelines, custody became even more important because it also meant entitlement to child support and even sharing parenting meant getting less child support. The huge importance separated parents have placed on getting custody is indisputable. Then, in 2019, the Federal Government, followed by the provincial governments, made big changes to the Divorce Act and other family laws to abolish the terms “custody” and “access” and change the focus of “parenting orders” on to the children and their needs. Those changes went into effect on March 1, 2021. Judges now make parenting orders, not custody orders, and those parenting orders have two components – parenting responsibilities and parenting time. In this edition of the Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how if you go to court to get custody of the children, you are certain NOT to get it. When a person marries, or starts a relationship, with someone who has kids from a previous relationship, that person can be on the hook, directly or indirectly, to that partner’s ex. In this episode of the Ontario Family Law Podcast, Certified Specialist in Family Law, John Schuman, explains how that can happen, and how to avoid pay child support to a new partner’s ex. If you enjoyed this episode, you will want to check out these ones: 46 - Do Parenting Plans and Family Court Orders Continue During COVID-19? 46.2 - Update on Parenting During the Pandemic 37 - Sharing the Holidays After Separation 35 - Keeping Child Custody/Access Issues Out of Court 18 - Hearing the Voice of the Child in Custody/Access Proceedings 17 - Sole Custody. Joint Custody, Split Custody, Shared Custody - How do Judges Decide? 7 - What Does the term “custody of a child” mean? How does a judge decide who should get it? 5- What Say Do Children Get in Separation and Divorce? TO CONTACT JOHN SCHUMAN: [email protected] 647-342-6775 The Ontario Family Law Podcast is a companion to the book, Guide to the Basics of Ontario Family Law. The book, in both e-book and paperback, is available here: https://www.amazon.ca/dp/B0CN8WWYHD