The Top 3 Child Custody And Access FAQs

Besides the actual pain of separation, divorce forces you to answer some very tough questions, particularly on child custody and access. Below I answer the top three questions that clients seeking separation ask me:

1. Will I get custody of my child after we separate?

The answer depends on the best interests of the children. The children’s best interests are based on a long list of factors, including:

• the emotional ties between the children and each parent 
• the views and preferences of the children
• the ability and willingness of each parent to provide the children with guidance and education 
• the plans proposed by each parent for the care and upbringing of the children and the stability of the family unit.

When parents separate, each parent has a right to apply for custody of the children. A Judge will make a decision based on the best interests of the children and on the arrangements that were made for the care of the children immediately after separation.

2. Can I get a restraining order to protect me?

Yes. If a spouse or a child is in danger because the other spouse has a history of violence or has made threats of harm, a spouse may ask a Judge for an immediate restraining order to protect the spouse and the children.

3. Can I move away with the children?

This depends on a number of factors including the children’s best interests, the current custody and access arrangements between the parents, the wishes of the children, the nature of the relationship that each parent has with the children, the reasons for the move, the distance of the move, and the financial ability of the access parent to exercise access.

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