Parenting / custody and access


When parents do not live together, they must arrange how they will share their parenting rights and responsibilities.   If the parents cannot come to an agreement on their own, a court may decide based upon what is in the best interests of the child.   In family law matters concerning children, a child’s best interests are the most important consideration. 

There are two aspects to what parents must decide about their children.  First, parents must decide how they will make major decisions about their children such as what school the children will attend and where the children live.  Second, they must decide on what residential arrangements are best for the children. 

If the parties agree to make major decisions together, this is called “joint custody.”  If the parents disagree on major decisions, one parent cannot make the decision without the agreement of the other.   Disagreements must be resolved by another process.  If one parent can make the decision after consultation with the other parent, this is called “sole custody.” 

The custody arrangement does not affect where a child will live.   For example, even if one parent has custody, the parents may each equally share time with the child.  Or, a child may live primarily with one parent, but that parent may not have sole decision making authority and decisions might have to be made by both parents.

We can assist you to resolve the parenting arrangements for your children, whether that is through negotiation with the help of lawyers, mediation, arbitration or litigation.   

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skills, understanding and experience

Kelly Jordan has extensive skills and expertise in all areas of family law. She has a reputation for her abilities as a tough advocate for challenging cases but also for her abilities to maintain and pursue fairness by way of mediation and alternate dispute resolution

If you are seeking solid experience of a lawyer who is both understanding and skilled, contact Kelly or her law clerk Liz to set up an appointment.

Kelly recently contributed
a chapter on family property
rights for cohabitants
to the newest publication
on Ontario family property law..
To order a copy of this text,
click below.

Property Rights and Obligations Under Ontario Family Law

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"Kelly Jordan is highly skilled in her specialized area of reproductive law. Having working in the field of third party reproduction for over 20 years, it is essential to my business that I refer clients to lawyers who are as empathetic as they are qualified. Kelly Jordan and the members of her firm are such people. Her work is a wonderful compliment to the services I provide and the feedback I receive from clients I have referred to her, has always been very positive. Whether a client needs a contract drafted or a legal declaration done, I am always confident services will be provided in a timely manner and with the utmost skill and compassion. I am pleased to work with Jordan Battista and would not hesitate in sending my clients to her.

Joanne Wright, President, Canadian Surrogacy Options

Just a quick note to say thank you. I know we had a few battles along the way but I have to credit you and your office for managing my file in a professional, expedient and economically beneficial manner. Your personal, yet matter of fact way of approaching a very difficult situation was quite outstanding and progressive. Though I would never want to find myself in a similar situation, it good to know your firm is only a phone call away.

I.W., A Family Law Client

"For being the past Chair of the family law section of the CBA. I am impressed with all the work you do for the profession. ”

A Family Law Colleague

"Thank you for your expertise, guidance and support over the past couple of years. It is such a relief to have this issue behind me."

J.D., A Family Law Client