Understanding Child Custody Battles in Ontario

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Custody battles are common among separated parents in Ontario. This is usually because each party usually has an opinion regarding what is best for their child. When they fail to reach an amicable agreement, the only option is to go to court. By so doing, each parent believes that once they are able to prove their abilities and suitability to bring up the child then the court’s ruling will be in their favor.

Custody Battles: The Reality

One thing that parents fail to understand is that courts of law are not there to please either of them. The main aim of a court as regards custody battles is to find out what is best for the child. ‘What is best for the child’ could be placing them in the custody of the mother, the father or neither of the two. In order to reach the most appropriate decision, the court will seek to understand both the strengths and weaknesses of the parents, as well as their plans moving forward. Most importantly, the court will consider the child’s needs, which will then be compared to what each parent has to offer so as to find the best match.

When Both Parents Meet the Mark

In Ontario, it is not rare to find a situation where both mother and father present very strong cases for themselves. There may, however, be a few bones of contention for example one parent disagreeing with the other’s choice of school. Each of the two may have very sensible options only that they may are not the same.

Such disputes are known as the value of differences. Each parent will try to come up with reasons as to why their preference is the best but usually in such cases none of the two is better than the other; it is just a matter of differing opinions.

In such situations, the court may be forced to rule in favor of one party not because theirs is seen as the better option but for the purpose of bringing the whole matter to rest. As a result, the ‘favored’ parent may view the ruling as a victory, and the other as a loss. Both parents may decide either to abide, or a situation might arise where the supposed loser decides to seek further redress in the form of an appeal.

What Custody Battles Mean for the Child

If parents fail to abide by the ruling, and decide to continue fighting it out in court, the biggest victims are likely to be the children. There are some parents who decide to involve their children directly in such battles. As a result the child may end up believing that since one of their parents feels the decision is wrong then it must be bad for them and consequently they won’t be at peace.

It is important for separated parents to understand that their respective preferences are not what cause all the problems but rather the decision to continue fighting. Therefore, parents should abide by the court’s ruling. If you need any help with custody battles in Ontario we at Fine & Associates Family & Divorce Lawyers can help you. Divorce lawyers in Toronto range in price and quality. Here at Fine & Associates, all of our family lawyers are trained and knowledgeable in the areas you seek help.