A hiccup in the marriage, especially after childbirth, can make legal matters more complex. According to research, one in five children under the age of 18 has experienced their parents’ divorce or separation. One of the major legal aspects in such a case is determining child custody to protect your children’s interests.
When both parents are close to their children, determining who gets custody can be a struggle. In unforeseen circumstances, you or others can apply for temporary custody of your child. Let’s take a look at the steps you will need to take to seamlessly transition custody rights of your child.
What is Temporary Custody?
Temporary custody is a legal grant of your child’s responsibility and care for a short period of time. This can happen in cases when a parent is not fit enough to fulfill their duties towards their children. It can occur during medical emergencies such as accidents and injuries.
Unlike full legal custody, temporary custody can be granted to the other parent or family members through court orders or emergency petitions. The process of obtaining full legal custody is complex and may take multiple court hearings to reach a decision.
Meanwhile, emergency custody is quick and is immediately recognized by the family court. The main purpose of these arrangements is to ensure the child’s safety and stability until the parent is recovered.
Steps to Get Emergency/Temporary Custody
In case an emergency or temporary custody is required, you need to follow the guide below to ensure a smooth process:
Determine Your Eligibility
There are two things you must determine before filing for temporary custody. Evaluate the situation to understand its urgency and effect on the child. You must also determine your eligibility for custody.
In Ontario and other provinces in Canada, the court prioritizes the other parent and family members who are close to the child. In case, the other parent or any family isn’t available to take responsibility, a non-relative with a relationship to the child can also claim temporary custody.
The laws can vary based on the region and circumstances too. For example, the court will consider the Divorce Act laws, if the child’s parents are married. For this, you need to apply to the Court of Queens Bench. When unmarried, the Family Law Act is considered and the application can be filed through the Court of Queen’s Bench or the Provincial Court.
Prepare The Documents and Evidence
Once you have cleared the eligibility criteria, you may prepare the evidence and documents to support your request. For a parent’s injury, you may need evidence, such as medical records, witness statements, etc, highlighting the parent’s inability to take care of the child. The family lawyer will help you sort out essential documents that help justify your stance in court.
Apply Through the Ontario Family Court
To apply for custody, you need to fill out the necessary court documents such as the emergency order and affidavit (forms 14 and 14A). Make sure to mention everything clearly to avoid any issues later on. The application may also come with filing fees. Compile these documents along with the evidence and submit your application. Emergency court orders are generally granted within 24 hours or as per the immediate safety and well-being of the child.
Attend Court Hearings
When it comes to custody, the court always considers what’s in the best interest of the child. This includes the child’s physical and emotional well-being, the relationship with the custodian, and the stability and safety factors.
You may have to attend a court hearing where the judge analyzes the situation and urgency for custody. If the custody is granted, the judge issues an order for the terms and conditions of this arrangement. Often, they may also set conditions for visitation rights and the specific responsibilities and caretaking of the child.
Maintain Communication With Parent
If you have been granted child custody, you must remain in contact with their parent. This keeps the parent informed about their child while they recover. If the child is allowed to communicate with the parent, it’s your responsibility to ensure smooth communication between them. The court may review the case again depending on the period of the temporary custodial arrangement.
Get Help Through the Right Lawyer
In complex family law and injury cases, you must seek legal support. If you’re a parent dealing with personal injuries, you can consult a family lawyer to help you through legal matters.
If the injury requires a temporary custodial arrangement for your child, you can connect with a family lawyer, specializing in child custody, to guide you through the right process. A smooth resolution in this case would provide you peace of mind and your child a safe environment.
