Divorce or separation can cause communication between spouses to deteriorate. One of the most important issues during this time is that of the kids and their custody.
A child custody battle can go either way, depending on the facts of the case. However, you must prepare yourself before taking the matter to the courts.
Our child custody lawyer has created a short guide to help you understand the basics of what you can expect in a custody battle and some practical tips to help improve your chances of winning.
Child Custody Statistics in Canada
Families are becoming more complex. Couples are living together without marriage, families break up, and many other things affect family life.
Because of this, legal recourse is crucial to getting a fair custody agreement between you and your ex.
The latest data we have to understand is that this is between 2018 and 2019. During this time, there were 2,651 orders included in the Survey of Family Courts (SFC).
Custody arrangements can be based on consent orders and court orders. Here are the child custody statistics based on legal custody by type of court order:
| Type of Custody | Contested Order | Consent Order |
| Sole Mother Custody | 25% | 21% |
| Sole Father Custody | 2% | 3% |
| Joint Custody | 59% | 69% |
| Split Custody | 0% | 1% |
| Non-Parent | 0% | 1% |
| Not Stated | 14% | 6% |
As you can deduce from the child custody statistics, joint custody has the highest percentage. Courts understand the importance of both parents in the child’s life and well-being.
So, if joint custody is in the best interests of the child, then the courts will gravitate towards that option unless there is evidence that this might be detrimental to the child’s well-being.
How the Court Decides Custody in Child Custody Battles
The judges will review various factors before deciding custody during a custody battle. These include the following:
- How dedicated you are to maintaining the child’s routine
- Ability to meet the best interests of the child
- A stable and secure home environment
- Availability to care for the child
- Claims backed by solid evidence
- Experience in caring for the child
- Financial security
While most of these factors are self-explanatory, the most important one for the courts is the best interests of the child. You can learn more about what constitutes the best interests of the child here.
10 Things to Do During a Custody Battle to Increase Your Chances of Winning
Going through custody battles can be emotionally, mentally, and financially draining. We recommend you hire a family lawyer to relieve some of the burden.
Moreover, here are the top ten things you can do during the custody battle to improve your chances of winning.
1. Remain Honest and Be Truthful During the Case
It is crucial not to hide any information during a custody battle and to remain honest. If you lie in a family court, it will ruin your credibility in front of the judge, which will only worsen your chances of winning the custody battle in Canada.
Judges conduct custody evaluations, which means they will verify your claims and determine if there is truth to them. If you lie, you will be held responsible for making false claims, which can lead to you losing custody or being held responsible for paying the legal fees of the other parent.
2. Respect the Other Parent
During a custody battle, it is crucial to remain respectful of everyone involved, including the other parent. The judge will determine whether you are encouraging a positive relationship between your child and the other parent.
Any insults, negative comments, or disrespect will hurt your chances. Avoid directing such negativity through texts, calls, social media, or emails.
Whatever you say can easily come to light in the court through evidence or witness testimony.
3. Prepare Before Going to the Court
Being prepared to fight a custody battle in court is key to improving your chances. You will need to be prepared to speak in front of a judge and share your side of the story.
You can propose a parenting plan and present evidence that will back up what you have to say.
We recommend hiring a child custody lawyer in Canada who can help prepare your case to further increase your chances of coming to a fair conclusion.
4. Follow the Orders of the Court
When child custody or divorce proceedings are ongoing, the judge may provide couples with temporary orders that they must adhere to. These orders remain in effect till the courts issue final orders.
If you have any orders related to visitation, child support, or anything else, you must follow them. When you don’t follow these orders, you are showing the court that you don’t respect its orders, which can hurt your chances of gaining custody.
You can only stray away from the orders if it is absolutely necessary to do so, and if you do, you must provide the other parent with a proper notice.
5. Show Evidence for Your Claims
If you want to improve your chances of winning a child custody battle in Canada, then you must track all the information you can use as evidence for your claims.
For example, you must:
- Document interactions with your child
- Keep track of the interactions with the other parent
- Print out any relevant messages exchanged with the other parent
- Track parenting expenses
- Keep track of any other proof that will validate your claims
These are just some of the things you can document and keep track of. Becoming organized with your evidence will let the courts know that you are credible.
6. Keep New Partners Away from Your Child’s Life
You might overlook this important aspect during the custody battle, but we recommend you keep new partners away from your child during an ongoing child custody case in Canada.
Your child will be in a delicate state during this time, and a new partner could cause anger or confusion as they might think you are trying to replace the other parent.
If you have a new partner during the case, it is best not to involve them as judges frown upon partners that do this during a case as it can cause distractions.
Another note to keep in mind is to keep interactions of your new partner and your ex to a minimum. If they interact and there is a conflict, then it will hurt your chances and improve the chances of your ex.
7. Maintain Decorum in the Court
The way you behave inside the court will affect the final judgment of your custody battle. The judges witness the actions of each parent inside the courtroom and reflect on their character.
It is best to maintain decorum by not talking out of turn, straying away from arguments, and respecting what the judge has to say. Treating everyone in the courtroom with respect is crucial to improving your chances of winning the custody battle.
8. Ensure the Child is in Contact with the Other Parent
Parental alienation can have serious psychological consequences for the child, which is why it is crucial that you don’t alienate your child from the other parent.
For example, if your ex is calling to check on the child, then you must let them talk to the child unless it would cause disruption or they are asleep. Children should be free to communicate with either parent.
If you deny the other parent this right, then they can write it down and use it as evidence against you in court. In the same way, if your ex is denying contact, then you can also maintain such a journal to serve as evidence.
You can only withhold the child in rare circumstances, especially when abuse is involved. However, even for that, you need to provide evidence to the court of the other parent’s abuse.
9. Include the Other Parent in Important Decision-Making
Ideally, the courts want both parents to be involved in the child’s life. Because of this, it is important that you include the other parent in any important decision-making related to your child’s life.
If you do things without notifying the other parent or discussing it with them, then it will reflect on you poorly during the custody battle.
So, while the custody battle is ongoing, it is crucial for you to cooperate with your spouse to improve your chances of winning the custody battle.
10. Pay Child and Spousal Support
If you neglect your duties, the court will not look so kindly on you. Paying child and spousal support is an important part of divorce, as you have to support the other parent and your child.
You can only avoid these duties if you are going through financial hardship. Then, you will have to prove these circumstances to the courts so they can reassess your support orders.
For more information regarding this matter, you can get in touch with our family lawyer in Canada to discuss your options.
FAQs
How much does a child custody battle cost in Canada?
Child custody battles in Canada can cost anywhere from $1,000 to more than $20,000. The exact amount will depend on the parties’ specific situations, which is why it is best to consult with a child custody lawyer.
What percentage of fathers get custody in Canada?
According to the SFC data, between 2018 and 2019, only 3% of sole father custody orders were provided.
Who are the best witnesses for child custody trials?
You can pick various witnesses, which include family, doctors, kid’s school personnel, counsellors, psychologists, coaches, social workers, and more. They can provide a much broader picture of the kid’s life, allowing the judges to make informed decisions.
How long do most child custody battles last?
Child custody battles can take anywhere between a month and a few years. The exact timeframe will depend on the circumstances of your case.
Schedule a Free Consultation with Our Child Custody Lawyer in Ontario
It is crucial to have the right help by your side during a child custody battle in Canada. Athena Narsingh is one of the top and trusted child custody lawyers in Ontario who will ensure you improve your chances of winning the custody battle.
For more information, you can schedule a free consultation with us to discuss your circumstances in detail.
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- Athena Narsingh is a trusted and knowledgeable lawyer in Scarborough. Her expertise spans real estate law, family law, adoptions and fertility law. A lawyer by profession and a humanitarian by heart, Athena Narsingh wants to help people become more familiar with the legal system and be well-informed to make important legal decisions.
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