In family law, custody refers to the legal relationship between a parent and his or her child, including the parent’s right to make decisions on behalf of the child and the parent’s duty to care for the child and look after the child’s best interests.
In Ontario, custody is governed by the Children’s Law Reform Act.* Under the Act, in the absence of a court order or a separation agreement, the father and the mother are equally entitled equally to custody of the javascript:;child.
If the parents separate, the parent living with the child will have the rights of the custodial parent, while the custodial rights of the parent not living with the child becomes suspended until a separation agreement or court order provides otherwise.
*R.S.O. 1990, c. C.12
