Child Custody & Access Lawyer in Whitby, Ontario
Protecting Your Children’s Best Interests
When parents separate, decisions about where children will live, how much time they spend with each parent, and who makes key decisions about their upbringing become critical. At Barnett Law, we help parents in Whitby and across Durham Region resolve custody and access disputes with a focus on what matters most: your children’s well-being.
Whether you need to negotiate a parenting plan, respond to an urgent custody motion, or modify an existing order, our family lawyer provides experienced, compassionate legal guidance throughout the process.
Child Custody Services
Putting your children’s best interests first in every custody matter.
1
Custody Arrangements
Sole custody, joint custody, shared parenting — we help you find the arrangement that’s best for your children.
2
Parenting Plans & Access
Detailed parenting schedules, holiday arrangements, and access rights that courts will enforce.
3
Custody Modifications
When circumstances change, we help you vary existing custody orders through proper legal channels.
Emergency Custody Orders
In urgent situations where a child’s safety or well-being is at immediate risk, you may need an emergency custody order. These motions can be brought without notice to the other parent (ex parte) when there is a genuine emergency, such as:
- Risk of the child being removed from Ontario or Canada
- Evidence of abuse or neglect
- Substance abuse concerns that place the child in danger
- The other parent’s refusal to return the child
Barnett Law understands the urgency of these situations and can help you file emergency motions with the Ontario Superior Court of Justice quickly.
Modifying an Existing Custody Order
1. Relocation by one parent
Relocation by one parent
2. Changes in the child's needs (medical, educational
Changes in the child’s needs (medical, educational, extracurricular)
3. Concerns about the child's safety with the other p
Concerns about the child’s safety with the other parent
4. The child's own expressed wishes (as they mature)
The child’s own expressed wishes (as they mature)
5. One parent's failure to follow the existing order
One parent’s failure to follow the existing order
How Barnett Law Protects Your Parental Rights
At Barnett Law, we take a solution-focused approach to custody disputes. Our family lawyer, Athena Narsingh Barnett, works to resolve matters through negotiation and mediation where possible, saving you time and legal costs. When court intervention is necessary, we provide strong advocacy to protect your parental rights.
Our Whitby office at 101 Mary St W #101A serves families throughout Durham Region, including Oshawa, Ajax, Pickering, Clarington, and Scarborough. We understand the local family court system and can guide you through each step of the custody process.
Frequently Asked Questions
At what age can a child decide which parent to live with in Ontario?
There is no specific age in Ontario law at which a child can decide. Courts give increasing weight to a child’s preferences as they mature. By around age 12-14, a child’s wishes carry significant influence, but the court always considers the child’s best interests as the overriding factor.
What is the difference between custody and access?
Custody refers to the legal right to make major decisions about a child’s life (education, health, religion). Access (parenting time) refers to the time a parent spends with the child. A parent can have access without having custody.
Can a father get sole custody in Ontario?
Yes. Ontario law does not favour mothers over fathers. Custody is determined solely based on the best interests of the child. Both parents have equal standing before the court.
How long does a custody case take in Ontario?
Timelines vary widely. An uncontested arrangement can be resolved in weeks. Contested cases that go to trial can take 1-2 years or longer. Mediation and negotiation can significantly shorten this timeline.
Can I get custody if I was not married to the other parent?
Yes. Custody rights in Ontario are not limited to married parents. Both biological parents have the right to seek custody or access regardless of marital status.
What if the other parent is not following the custody order?
If a parent violates a court order, you can bring a contempt motion. The court may impose fines, vary the order, or in serious cases, order imprisonment. Document every violation and consult a family lawyer promptly.
Related Services
Child Support
Divorce
Domestic Violence
Contact Barnett Law Today
If you require more information about our real estate services, please don’t hesitate to message or call us during business hours. Our team will be delighted to support you by answering your queries or setting up an appointment with our real estate lawyer Whitby.
As a top law firm in Canada, you can rely on us to handle your case with confidentiality and professionalism. Get in touch with us today to start your journey towards a successful real estate dispute claim. 1+ (647) 936-2529
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