Child Custody Laws in Canada
In Canada, child custody laws are always geared toward the welfare of a child. It is not uncommon for most child custody decisions to be mutually resolved between separated or divorced parents. In the event that an amicable decision cannot be reached, it is crucial that the law adheres to fundamental principles to deliver a fair verdict. In determining whether to limit or remove a parent's rights, the judge will consider many factors. Parents are evaluated based on a series of criteria that illustrate the positive and negative aspects of their influence on their children. The court's primary concern is the child's well-being. It is likely that an old criminal record that resulted in a discharge and was not violent would affect parental custody and visitation rights far less adversely than one that is recent, violent, and serious. Here are a few factors that may be considered in child custody proceedings.
Child Custody - Factors that Impact Decision-Making
During child custody court cases, the best interests of the child always take precedence. When deciding what is best for a child, a parent's background, criminal record, and parental character are all factors that are taken into account. The conviction of a parent is often viewed as an indication of their character and morality. In determining joint or sole custody, a judge considers the personalities of each parent, their relationship with the child, their parenting abilities, their mental and physical health, and support networks.
The judge may also take into consideration the willingness of each parent to support the relationship between the child and the other parent/guardian. Often a child's history of physical, emotional, social, and educational needs as well as the involvement of other family members or close relatives are taken into account.
Can A Parent's Criminal History Affect Visitation Rights?
Having a criminal record can negatively affect a parent's application for custody or visitation rights. A parent is more likely to be granted joint custody if the crime was minor and occurred a long time ago. The criminal record of an individual may discredit his or her ability to care for children, depending on the severity of the offence. As part of their evaluation, judges consider the nature of the offence, the age of the victim, and the nature of the sentence rendered. There should be evidence that the parent has been rehabilitated, has not been in trouble with the law, and has taken steps to clear their criminal record.
Can A Record Suspension Help?
Actively obtaining a pardon or record suspension can demonstrate to the court that the parent is committed to rehabilitation. The purpose of a record suspension is to allow individuals who have been convicted of a criminal offence to keep their criminal records confidential after serving their jail sentence. If your record is successfully suspended, you will be able to find employment, pursue education, travel abroad, and have custody of your children. However, the process of obtaining a record suspension can be complicated and overwhelming.
Are you ready to clear your criminal record?
Start by checking your eligibility. Check my eligibility Learn what we do for you
How Can A Pardon Service Agency Help?
When you work with our experienced associates, we make sure that all your application documents are accurate and complete during the pardon process. Our goal is to give you a higher chance of getting a suspension for your record. Get in touch with one of our experts to learn more about record suspension and how we can assist.
Contact us today for a free consultation at 1-866-972-7366
