Child Custody Lawyer in Mississauga

Nothing matters more in a separation than your children. Whether you’re agreeing on a parenting schedule, defending your time with your kids, or dealing with a parent who wants to move away, you need advice that is both practical and grounded in the law. The child custody lawyers in our family law practice help Mississauga parents build arrangements that protect their children and their relationship with them. We serve families in English and Arabic.

Call 905-361-9791 or book a consultation.

Custody and access are now decision-making and parenting time

In 2021, Ontario and federal family law replaced the terms custody and access with new language:

Decision-making can be joint, sole, or divided by topic, for example one parent decides on education and the other on health. Married parents apply under the Divorce Act. Unmarried parents apply under the Children’s Law Reform Act. The same best-interests principles apply to both.

How courts decide: the best interests of the child

The only test is the best interests of the child, and the primary consideration is the child’s physical, emotional and psychological safety, security and well-being. Courts look at factors including:

• The child’s needs, given their age and stage of development.
• The strength of the child’s relationship with each parent, siblings, grandparents and other important people.
• Each parent’s willingness to support the child’s relationship with the other parent.
• The history of care for the child.
• The child’s views and preferences, weighed according to age and maturity.
• The child’s cultural, linguistic, religious and spiritual upbringing and heritage.
• Each parent’s plan for the child’s care.
• Any family violence and its effect on the child.

Children should have as much time with each parent as is consistent with their best interests. There’s no automatic 50/50 rule and no presumption in favour of mothers or fathers.

Common custody issues we handle

• Parenting plans for separating parents who want a clear, workable schedule.
• Contested parenting cases, including motions for temporary parenting orders.
• Relocation. Under the Divorce Act, a parent planning to move with a child must give at least 60 days’ written notice, and the other parent can object within 30 days. We act for parents on both sides.
• International travel with children, including consent letters, passports and non-removal orders.
• Urgent situations, where a child has been withheld or removed, or there are safety concerns.
• Variation of existing orders when circumstances change.
• Grandparent and extended family contact.

Cultural, religious and international considerations

The law specifically recognizes a child’s cultural, linguistic and religious heritage as part of their best interests. For families with Arab, Muslim, Christian Arab or other heritage, this can include language, religious education and connections with extended family abroad. We make sure these interests are presented clearly to the court.

We also advise on international travel. Some countries are not parties to the Hague Convention on the Civil Aspects of International Child Abduction, which can make it much harder to bring a child back if they’re wrongfully kept abroad. Courts can order safeguards such as travel consent terms, passport controls or security.

How a custody case moves through court in Peel

1. Negotiation or mediation, often with a detailed parenting plan.
2. Application in the Superior Court of Justice in Brampton (or the Ontario Court of Justice for unmarried parents in some cases).
3. Mandatory Information Program and a parenting affidavit (Form 35.1) setting out your plan.
4. Case conference before a judge.
5. Motions for temporary arrangements, where needed.
6. Involvement of the Office of the Children’s Lawyer, which may provide a lawyer for the child or a clinical investigation.
7. Settlement conference, then trial if the issues remain unresolved.

Why choose Rashidy & Associates

• Child-focused, practical advice that reduces conflict where possible.
• English and Arabic service, including for extended family.
• Criminal and family law in one firm, which matters when parenting cases involve criminal charges or bail conditions.
• Immigration experience for families with international ties.
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Frequently asked questions

At what age can a child choose which parent to live with in Ontario?

There is no set age. Courts consider a child’s views and preferences as one factor, with more weight given as the child gets older and more mature. The views of teenagers often carry significant weight.

Is joint custody the same as 50/50 parenting time?

No. Joint decision-making responsibility is about who makes major decisions. Parenting time is about the schedule. Parents can share decision-making without an equal schedule, and vice versa.

Can my ex move away with our child?

Not without following the law. A parent must give 60 days’ written notice of a relocation. You can object and the court will decide based on the child’s best interests.

Can I take my child abroad on vacation?

It depends on your order or agreement. Written consent from the other parent is strongly recommended, and is often required. If the other parent refuses, you can ask the court for permission.

Does a criminal charge affect my parenting time?

It can, especially if bail conditions prevent contact with the other parent or the child. Our domestic assault defence and family lawyers work together so that parenting time can continue safely, for example through a third party.

Related services

• Family Law
• Divorce Lawyer
• Child Support Lawyer
• Separation Lawyer
• Article: What courts consider when deciding child custody
• Article: Understanding decision-making responsibility

Speak to a Mississauga child custody lawyer

Call 905-361-9791 or book a consultation in English or Arabic.