Family Justice


Basics of Family Law

Custody, Guardianship, Access

Which parenting arrangement is best for my family?

The best parenting arrangement is the one that you and your children's other parent work out together, based on what will meet the needs of your children and suit you and your family most. For example:

  • You might decide on a sole custody arrangement, where the children live full-time with one parent, but joint guardianship so that you both can participate in deciding how the children will be educated or what kind of medical or dental care they will receive. Access may be flexible.
  • Or you might decide on joint custody, where the children spend equal time with both parents, and guardianship, where both parents make decisions about education, etc. (With this kind of joint custody, access does not need to be decided since the children automatically spend time with both parents.)
  • Or you might decide on sole custody and sole guardianship, with access as specified in an agreement (every weekend, for example).

Remember: If you have to go to court to decide where your children will live, and how decisions will be made, etc., the court may make decisions that you do not agree with. Coming to an agreement is a better way to ensure you have control over what happens to you and your family. For more about how to come to an agreement, please see our section on Cooperative Approaches: Mediation and Collaborative Law.

We strongly recommend that you get legal advice before you make any decisions about custody, guardianship or access.