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Parenting rights and obligations can be some of the most difficult family law issues to settle after a separation.  

Decision-making (formerly referred to as "custody") refers to a parent’s legal right to make decisions for children, generally in the areas of:

  • (a) health;

  • (b) education;

  • (c) culture, language, religion and spirituality; and

  • (d) significant extra-curricular activities; 

Parenting time or the parenting schedule (formerly referred to as "access") refers to the residential parenting schedule and relates to the physical sharing of time between parents or caregivers with a child. The parenting schedule is distinct from decision-making.

The guiding principle for the courts in deciding child-related matters is the best interests of the child. In high-conflict separations and divorces, there may be conduct by one parent which alienates a child from the other parent. These are difficult cases which require early and swift intervention and vigilance.

At Epstein Cole, we handle each case with sensitivity, empathy, and care to actively protect our clients and seek the best possible solutions for their families. A child’s best interests are at the heart of both family law in Canada and our practice.