Joint to SOLE custody? What are the grounds to make this change?

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I currently have joint custody of my two children in Ontario. I have been divorced for 4 years and my ex-husband has been living and working in the USA for the past two years. He flies in monthly to see the children, even bi-weekly but does not maintain their current school or extra curricular schedule. I have been a stay at home mom since they were born and now work part time so I can keep their routines in order. My question is ..."Can I now apply for Sole Custody...? " Our original agreement had him seeing the children every other weekend and every Wednesdays, but that does not exist. He basically sees them when it suits his lifestyle. I want my children to see their dad, but he cant keep to the original agreement and its affecting the children.

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Andrew J. Kania, LL.B., LL.M.

10 years ago

Answer: In order to provide you with a reliable answer I need to review your Separation Agreement. If you provide it to me I am happy to review it and discuss it with you, as part of a free consultation. Feel free to call me at: (877) 668-9386.

I will comment that if your husband has not been using the time that he is permitted, as provided in the agreement, then it should be possible to change the agreement, either through negotiations or Court Order. Obviously, there will have to be some flexibility given that he works in the USA, however the access cannot be anytime that he wants. There must still be some structure and reasonable notice. I have dealt with this situation before, so I am happy to discuss my exact ideas, in relation to the facts that you relay to me, if you call me for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Douglas Briand for a free consultation).

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