Following a separation or divorce or the annulment of a marriage, or the dissolution or annulment of a civil union, you have important decisions to make concerning your children, in connection with custody (sole or shared custody) and access rights (visiting and outing rights of the non-custodial parent, for example during vacations and on public holidays).
The law is clear: your decisions must be made primarily in the best interests of your children.
If you disagree about custody, the court will look at your parenting ability, your ability to meet the needs of your children and provide them with a stable home, your willingness to maintain relations with the other parent, your availability, your place of residence, the age of your children and their opinion about the custody arrangements, if they are old enough.
Note
Shared custody, for the purposes of determining child support payments, is defined as being when each parent is responsible for at least 40 % of the custody time for all the children.
