Penny Paul

Family Law


Custody, Guardianship and Access of Children


The Divorce Act uses the term 'Custody'.

In the narrow sense it is mere physical control of the child, in the wide sense, the full bundle of rights and responsibilities similar to the concept of guardianship. Whatever the legal definition, if you have minor children, your parenting plan may be the single most important issue to you in the breakdown of your relationship with the other parent.

The Family Law Act has got  rid of the concept of "Custody" and instead uses the term "Guardianship" and "Parenting Time" and "Parental Responsibilities". Parents are generally guardians, otherwise they only have "Contact".

This is a complex area of the law and can involve many factors. The overall test is “best interests of the child”.

Tip - Do not allow a pattern of parenting to continue after separation that you do not think is best in your situation. Sometimes it is hard to change the status quo. Act quickly to call us.

Penny Paul has negotiated hundreds of parenting plans.


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"Children need to be protected."