Custody & Access

Do you have questions about custody and access?

The term custody includes where children live and also the person who is responsible for making the decisions involving the children. There are several different types of custody:

• Custody: The children live with one parent and the other parent may have the right to visit with the children. The custodial or residential parent is responsible for making decisions about the children but the non-custodial or non-residential parent may be allowed to have some input. This type of custody is also referred to as sole custody.
• Joint Custody: The children live with one parent and the other parent has the right to visit with the children. However, the parents make major decisions about the children together.
• Shared Custody: Shared custody is defined by the Child Support Guidelines as being when either parent exercises the right of access to or has physical custody of a child for not less than 40 per cent of the time over the course of a year.
• Split Custody: Split custody is defined by the Child Support Guidelines as being when the parents have more than one child together and each parent has custody of one or more of those children.

Access refers to the right of a parent who does not live with her or his children to visit or spend time with them. Access is described in the court order or separation agreement. There are several different types of access:

• Reasonable Access: This allows the non-custodial/non-residential parent to visit with the children at times arranged with the custodial/residential parent. The times must be reasonable and appropriate for the situations. Reasonable access gives parents the flexibility to make their own arrangements.
• Specified Access: This sets out certain times for the non-custodial/non-residential parent to be able to spend time with his or her children.
• Supervised Access: The non-custodial/non-residential parent may spend time with the children only with another adult present. Supervised access is generally ordered in situations where the judge believes that it is necessary for the welfare or best interests of the children.

What court do I go to if I want custody or access?

• if you are seeking custody or access and you live in Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court (Family Division)
• if you are seeking a custody or access, but you are not seeking a divorce, and you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Family Court
• if you are seeking custody or access together with a divorce, and you live outside of Halifax Regional Municipality or Cape Breton, you will go to the Supreme Court