Document Type

Article

Publication Date

2010

Publication Title

Osgoode Hall Law Journal

Volume

48

Issue

2

First Page

287

Last Page

336

Keywords

custody, access to the law

Abstract

Custody and access disputes arise when separated parents cannot agree about how to divide the ongoing rights and responsibilities of parenting. “Custody” usually means the right to make decisions on behalf of a child, and the right to have care and control of a child. “Access” refers to the right to be with or communicate with a child, and may also include the right to obtain information about a child. While most parents resolve custody and access disputes privately, a substantial number also pass through our courts. In 1998, proposals to amend the Divorce Act triggered a heated debate about joint custody and allocation of parenting time. An apparent stalemate was reached 2004, although occasional skirmishes continue. Other disputes also now swirl around custody and access, with the issue of parental alienation surfacing most recently in the media.

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