Basics of Family Law
Custody, Guardianship, Access
We can't come to an agreement. How do I obtain an order from the court?
If you cannot come to an agreement, you may go to either the Provincial Court or the Supreme Court to ask for a child custody, guardianship and/or access order. (Usually, if a married couple goes to the Supreme Court for a divorce, they will ask the court to settle other issues as well, such as custody or support.)
We recommend you talk to a lawyer to find out which court is most appropriate for you. A Family Justice Counsellor can also provide you with information about the courts. You may also want to look at our web site sections called If You Go to Provincial Court and If You Go to Supreme Court for more information about the court process.
You can apply for one order covering all the issues, or you can apply for an order covering only one or two. For example, if you agree on custody and guardianship, but not on access, you can apply to the court for an order dealing with access only.
Once in court, the judge will make a decision based on the best interests of your children. To determine what is in their best interests, the judge will consider a number of factors, including the children's physical and emotional well-being and the ability of each parent to meet the children's needs. (For more about best interests, please see the Family Relations Act, section 24.)
To find out more about the court process, please see our web site section called If You Have to Go to Court.
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