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Ministry of Justice

Is an agreement about custody, guardianship and access better than going to court?

It is better if you and your former spouse can come to a fair agreement on custody, guardianship and access. (Please note, however: If you are afraid for your safety, or the safety of your children, court may be the best option for you.)

If you can write up your own agreement, you will be able to determine where the children will live and how you will remain involved in their lives. If you leave it to a judge to decide, you will have little or no control.

In addition, if you have to go to court, it may:

  • Cost you time. Court can be slow, which can increase the stress of separation on both you and your family.
  • Cost you money, in lawyers' fees and other costs, unless you are eligible for Legal Aid. (While you can choose to represent yourself in court, it is still a good idea to get legal advice to make sure you understand what information the judge will need in order to make a decision in your case, and what the impact will be of any court orders made by the judge. Supreme Court, particularly, can be expensive and complicated.)
If you cannot come to an agreement on your own, you might want to try mediation. This may involve some cost, but the cost will most likely not be as high as going to court - and the faster you reach an agreement, the lower the cost.