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Frequently Asked Question: Family Law

"I have three children aged 3, 7, and 11. I want to leave my spouse but I want to still be a parent to my kids. What are my rights?"

Surprisingly, the rights to access and custody are actually the rights of the child. They have the absolute right to be with both parents. It is the parents that usually create the problems. First of all, each parent has an equal right to custody of the children. Who they live with will depend large part on where the children will be most stable.

The basic premise behind custody and access and legislation is that the law will do everything possible to prevent the children from being effected by your problems with your spouse. Courts will therefore bend over backwards to protect children. Not surprisingly, the fact as to who gets the children is based upon what is in their best interests.

There are a number of possible scenarios, from joint custody, where both parents may have an equal say in how the children are reared to shared custody, where the children actually have 2 homes, to sole custody, where one parent makes all the decisions relating to the child.

Even if at the end of the day, you do not have custody, you still have a right to see your children on access visits. This can be as rigid or as flexible as your relationship with your spouse and children will allow. Many parents see their children on weekends or evenings during the week. Holidays and long weekends are shared. But no matter what, you should never forget that your children need to know that they are loved by both of you and that has not changed no matter what happens between you and your spouse. It is easy to forget to tell them that. Please make sure that you don't fall into into that emotional trap.

The foregoing offers legal information of general concern and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.