4. Go to court

You and your partner might still not be able to agree on decision-making responsibility and parenting time, even after working with a family law professional. If this is your situation, one of you will have to start a family law court case.

Decision-making responsibility and parenting time used to be called custody and access.

Going to court can be a complicated process and it can take a lot of time. It can be stressful and expensive, but it is sometimes necessary to decide your issues. This family law court process flowchart explains each step in a family law court case.

Judges usually assume it's better for a child to have a relationship with all their parents after they separate or divorce. They make decisions using the family law rules and laws.

Judges look at all the evidence and decide decision-making responsibility and parenting time using a legal test called the best interests of the child. The best interests of the child test looks at things like:

• the child's physical, emotional, and psychological safety, security, and well-being
• the relationship between each parent and the child
• how long the child has lived in a stable situation
• each parent's plan to care for and raise the child
• the child's views and wishes, unless there's no way to find out what they are
• if there's been abuse against any family member or any child

The judge doesn't look at the past behaviour of a parent unless it affects their ability to parent. For example, a judge won't consider which parent was responsible for breaking up the family. But the judge must consider if a parent was ever violent or abusive towards the other parent or children.

You can talk to a lawyer who can help you understand your rights and responsibilities toward your children, and help you through the process.

If you can't afford to hire a lawyer for your whole case, some lawyers provide “unbundled” or “limited scope” services. This means you pay them to help you with part of your case.

If you can't afford to hire a lawyer at all, you may be able to find legal help in other places.