Canadian Custody and Access Provisions: A Legislative Comparison

Table of Contents

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I. Introduction

The following five charts provide a basic summary of Canadian legislation pertaining to custody and access. They are intended for comparative use with the document entitled "Child Custody and Access in Foreign Jurisdictions: A Legislative Comparison." These charts do not provide a comprehensive overview of all applicable legislation of the services and support provided in each province. The charts presented are as follows:

i. Best Interests of the Child: identifies the best interests of the child as the paramount consideration in each province, and lists the criteria for consideration in determining custody and/or access according to this principle

ii. Alternative Dispute Resolution: identifies the various legislative provisions which create alternative dispute mechanisms

iii. Violence/Inadequate Parenting: outlines provisions which pertain directly or indirectly to family violence and custody and access

iv. Extended Family Custody and Access: identifies the provisions for extended family/third-party custody and access

v. Enforcement: outlines the enforcement provisions in each province. (Please note that enforcement is not included in the international charts.)