Child Custody Lawyer in Markham

Parenting arrangements for Markham families

For most parents, the hardest part of separating isn’t the paperwork. It’s the fear of missing bedtimes, school concerts and the ordinary weekday moments with your children.

Ontario law now uses the terms decision-making responsibility and parenting time. Decision-making responsibility covers major choices about a child’s health, education, religion and significant activities; it replaced what used to be called custody. Parenting time is simply the time a child spends in each parent’s care.

Some Markham families share childcare with grandparents or other relatives, and many children are growing up with more than one language. A thoughtful parenting plan can reflect those realities rather than ignore them.

How we help with decision-making responsibility and parenting time

• Listening first. We start with your children: their ages, routines, schools, needs and important relationships.

• Drafting a parenting plan. We help set out a regular schedule, holidays and special occasions, how decisions get made, and how the two of you will communicate.

• Negotiation and mediation. Marcus Ashby, an accredited family mediator, and Elliot Wren both work to resolve parenting issues outside court whenever it’s safe to do so.

• Court when necessary. If agreement isn’t possible, or there are safety concerns, we prepare and present your case clearly and calmly.

Every arrangement is measured against the best interests of the child, and the main consideration is the child’s physical, emotional and psychological safety, security and well-being. A judge will also look at the child’s needs, each parent’s willingness to support the child’s relationship with the other parent, any family violence, and the child’s views where appropriate.

The local court and process

When parents can’t agree, a parenting case from Markham is filed with the Superior Court of Justice – Family Court in Newmarket, which hears family matters for all of York Region. Both parents generally attend the Mandatory Information Program near the start.

Free on-site mediation is offered to parents who are at the Newmarket courthouse that day, if it’s suitable for them. Where there has been family violence, mediation may not be safe, and screening helps decide that. Cases that need a judge usually begin with a case conference, a meeting focused on narrowing the issues and exploring settlement.

How long it takes varies a lot. A parenting dispute settled at an early conference may wrap up within a few months, while a fully contested hearing can take considerably longer, depending on the court’s schedule.

What to do next

1. Keep life stable for the children. Avoid sudden changes to their home or school, and keep adult conflict out of their hearing.

2. Write down the current routine. Note who handles drop-offs, appointments and homework right now. It’s a useful record of your children’s day-to-day life.

3. Don’t move without advice. Changing a child’s residence, or relocating with a child, can require written notice to the other parent. Talk to us first.

4. Book a consultation. Our free 30-minute confidential consultation is available in person in Newmarket, or by phone or video from home in Markham.

If you are in immediate danger, call 911. If you’re worried about your own or your children’s safety, tell us at the start so we can put urgent protection options first.