Document background
The Custody and Access Agreement serves as a fundamental legal document in Canadian family law, designed to establish clear and enforceable arrangements for the care and custody of children when parents separate or divorce. This document becomes necessary when parents need to formalize their parenting arrangements, whether as part of a divorce proceeding or a separation agreement. The agreement must comply with both federal legislation (primarily the Divorce Act) and provincial family law statutes, which vary by province. It typically includes detailed provisions for both physical custody (living arrangements and parenting time) and legal custody (decision-making authority), along with specific protocols for communication, dispute resolution, and modifications. A well-drafted Custody and Access Agreement helps prevent future conflicts by clearly outlining each parent's rights and responsibilities while ensuring that the best interests of the child remain paramount.
