Who we are
Child Custody Attorney
We are dedicated to support you and your family.
Custody (now termed Decision-Making Responsibility) covers all aspects of decision making for the child and commonly includes, health, religion, primary residence, relocation and child’s education. We are routinely contacted to assist with matters involving custody disputes including emergency, urgent and ex-parte applications.
Why choose us
Lakhan Tram as your child custody attorney
The difference between us and other child custody lawyers in Ontario
Focus
Our focus is on Family law and related civil matters. We are not generalist practitioners.
Experience in the community
Our team appears routinely before both the Ontario and Superior Courts in Brampton, Ontario, the judicial centre responsible for hearing family law matters for Mississauga and Peel Region. Our lawyers each have personal knowledge of the community, its institutions and its growth.
Communication
We are always prepared to listen. We are committed to the use of best-in-class technology at all steps of the litigation process to ensure prompt communication, transparency and ongoing information sharing.
Affordable fees
We offer affordable pricing structures and options for litigants – there are never any hidden costs! We understand that fees associated with litigation can often add to an already stressful process.
Family Lawyer Mississauga
Everything about child custody you need to know
Ontario Child Custody & Visitation
Custody or Decision-Making Responsibility, as it is now known pursuant to the recent March 2021 amendments to the Divorce Act, refers to a parent’s legal authority to make decisions with respect to a child’s health, well-being, religion, and extracurricular activities.
Sole Custody
This is where one person seeks to make all of the important decisions for the child(ren) without the direct input or involvement of the other parent. While the parent with sole custody must inform the other parent about important developments in the chil(dren)’s life, they are not required to obtain the permission or consent of the other parent before making decisions.
Shared Custody
Typically “shared custody” is addressed along with the issue of child support and lawyers have come to use the term “shared custody” to denote a situation where parents have shared physical custody of their child or children. As the requirement to pay child support is dependent, amongst other things, on the time a child spends with each parent shared custody describes situations where a child spends at least 40% of their time, annually, with both parents.
Joint Custody
Joint Custody or Joint Decision-Making Responsibility, as it is now known pursuant to the recent March 2021 amendments to the Divorce Act, refers to both parents possessing equal legal authority to make decisions with respect to a child’s health, well-being, religion, and extra-curricular activities.
In circumstances where joint decision-making responsibility is established, both parents have an obligation to consult and discuss with one another pertaining to major decisions impacting the child. While consent from the other spouse is usually not required, since both parents possess the legal authority to make major decisions impacting the child, it may be requested depending on certain third-party institutions’ internal protocol (such as schools, medical offices, etc).
Generally, it is advisable to discuss and consult with the other parent prior to exercising any decision-making, especially when a joint-decision making regime is in place, in order to avoid situations of unilateral decision-making.
Split Custody
Split custody or split Decision-Making Responsibility, as it is now known pursuant to the recent March 2021 amendments to the Divorce Act, is a modified form of joint decision making responsibility where each parent is responsible for making sole decisions with respect to certain issues of the child.
For instance, in cases where split decision-making responsibility is being exercised, one parent may be responsible for making major decisions pertaining to the child, such as medical, health, and extracurricular activities. The other parent may then be responsible for making major decisions impacting the child, such as school and religion.
Which family law areas does Lakhan Tram support?
Child Support
Child support seeks to establish a fair standard of support for children that ensure that they benefit from the financial means of their parents. Child support is guided by the Child Support Guidelines but has many variables that must be taken into account before determining the appropriate amount to be paid. Speaking with a lawyer can help clear up any questions you may have in this regard.
Spousal Support
The issue of spousal support can be very emotional and acrimonious. Working with a team with the experience navigating these fact specific issues, is key to ensuring an effective and equitable resolution when claims for spousal support arise. We assist both common law and married spouses in their applications for support in the event of the breakdown of their relationship.
Motions
Motion are formal proceedings used to obtain temporary (interim) relief in your matter and can range from simple procedural to very complex substantive issues. We have experience with urgent and ex-parte motions dealing with a wide range of issues from freezing of assets to urgent child relocation requests.
Conference and Trials
Conferences are an integral part of the family litigation process, each with their own aims and objectives. We have attended hundreds of conferences and are able to make the most effective use of judicial resources to assist our clients in achieving their objectives.
What can you expect from us?
Unparalleled Customer Service
Constant communication, updates and projected timelines with respect to the completion of your matter are hallmarks of our practice philosophy. We are frequently recommended by our former clients and peers and are known for our unparalleled customer service.
Transparent Fees
Invoices are routinely issued at set intervals and you are always kept abreast of any anticipated increases in costs relating to your matter. By ensuring that there are no surprises, you can be assured that your hard earned money is always well spent.
Results Oriented
We pride ourselves in working with you, early on, to develop a strategy that is aligned with your goals and objectives. We utilize our broad repertoire of tools to achieve those goals and have assisted countless clients in their pursuit of justice.
The procedure of determining child custody
Ontario child custody agreement
Custody determinations are made through out of court negotiations between the parties, whether informally or through mediation. Alternatively, individuals may submit to arbitration. The most common method of determining custody is cases where there is no agreement is through court intervention – an Application to the appropriate court house in your region.
Frequently Asked Questions about Child Custody
FAQ
Which factors will the court consider when deciding about custody?
The courts will commonly consider the following, no exhaustive factors in determining what custody Order is in the best interests of the children involved in the dispute.
- The opportunity for the child to maintain a strong and stable relationship with both parents
- The opportunity for the child to maintain a strong and stable relationship with other members of his or her family
- The opinions and wishes expressed by the child
- The ability of the parent(s) to provide guidance, education, the basic needs and other special needs of the child
- The child’s cultural and religious background
- The ability of the parents to co-operate and communicate with each other on important issues concerning the child
- The ability of the child to adjust to the new parenting arrangement
- The willingness of the parents to encourage a close relationship between the child and the other parent
- The quality of the relationship that the child has with the parent(s)
- Arrangements that encourage the child’s emotional growth, health, stability and physical care at every stage of the child’s development
- Protecting the child from continued exposure to conflict between parents
- The personality, character and emotional needs of the child
- The caregiving role assumed by each parent before the breakup.
Click here to read more about Child Custody.
What is 50/50 custody child support in Canada?
In situations where parents exercise shared physical custody of a child, or more specifically where a parent “exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year”, they may be entitled to a modified amount of child support being paid for their child. The courts will embark on a two part test to determine, ultimately, whether a situations exists whereby the court should exercise its discretion and depart from the guideline.
How to get full custody of your child?
This is a very commonly asked question. Typically when we are asked about “full custody’ it is synonymous wit a request for a “sole custody”order. The truth is, whether an individual will be able to successfully obtain an order for sole custody of their child depends on a myriad of fact specific considerations. It is always advisable to speak to a qualified and experienced family law lawyer to understand the strengths and weaknesses of your position with respect to gaining “full custody” of your child.
Child custody agreement without court?
As reference briefly above, parents commonly resolve their custody disputes without formal court intervention. Whether by informal or formal discussions, attendance at mediation or otherwise, parents are free to enter into domestic contracts, namely a separation agreement or parenting agreement that address matters of custody, providing certain criteria are met, which is the standard outcome for any out of court resolution to a custody dispute.
Meet your Team
Helmed by litigators R. Sean Lakhan and Daniel Tram, Lakhan Tram LLP offers services to individuals, and families in Mississauga, Ontario and surrounding regions.
We are committed to providing sound advice and fearless advocacy for our clients who are experiencing some of the most difficult challenges in their lives.
The issues that arise upon the breakdown of a relationship or marriage can be extremely difficult and scary. We aim to take this fear out of the separation and divorce process, by ensuring our clients are informed, advised and supported.
We are Family Lawyer in Mississauga
Ravi Sean Lakhan
LLM Partner
Daniel Tram
LLB Partner
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