It is certainly a sad situation when a parent of a child does not even take enough interest in parenting to respond to your claim for custody of the child. It certainly sounds like that parent does not want to play a role in the child’s life. Fortunately, when that happens, there are court procedures in place to make it easier to get a child custody order.
You can file for an “uncontested trial.” There is a specific Ontario Court Form for that. The case law says that on issues related to parenting, the judge should really hear from both sides – see this case as a good example. So you will have to explain in your documents, and to the judge, how hard you tried to get the other parent to participate.
To be successful, you will also have to address all the factors that a judge wants to hear about in custody cases and show why your parenting plan is in the child’s best interest.
You may also want to pick up a copy of this easy-to-understand best-selling book on Ontario Family Law that explains the family court process in more detail and also gives a fuller explanation of custody and access (and also child support). It will help you understand better what you have to do to get the family court order that you want. Of course, the best way to ensure that you get the custody order that you want and you get the appropriate amount of child support is to consult a lawyer. Even if you do not have a lawyer represent you in court, you can get a lot of helpful advice at a consult that will save you a lot of time and money and get you into a better position before the court.
If you would like to contact Certified Specialist in Family Law and top Toronto Family Law Lawyer, John Schuman, please use the form below or call the number at the top of the page. You can also use the form below to comment on this article. If you found this article helpful, please share it with your social network using the buttons below the contact form.
You can get a lot more information about Ontario Family Law issues, including a comprehensive explanation of parenting cases (parenting time and decision making), child support, spousal support, property division, and most other common family law issues by downloading this $9.99 Kindle eBook, Kobo eBook, or iBook for your iPad or iPhone or ordering it from Amazon as a paperback. But to understand how the law works precisely in your situation, it is always best to speak to a good Family Law Lawyer.
To comment on this article, or to contact John Schuman, please use the form below.