lsuc lawyer referral service

child custody and access when relationships break down legal information for deaf women flew website: www.onefamilylaw.ca flew: family law education for women. this video is a resource developed for the family law education for women campaign or flew. flew provides legal information and education about women’s rights and options

at times of family disputes and breakdown, especially for vulnerable women and service providers. other family law topics can be found in asl and written form at this website: this video and all flew materials provide legal information. they are not legal advice. for legal advice you should consult a lawyer. flew – family law education for women is a project funded by the ontario women’s directorate,

and the law foundation of ontario. this video was produced in consultation with members of the deaf community. scenario 1: tanya and lianna talk about tanya’s recent separation. and now the performance will begin… lianna: how is everything with you? how are the children? tanya: it’s been so difficult.

since my ex-husband and i separated. you know, the kids are having a hard time adjusting, they’re only 4 and 6. and we’ve been trying to figure out what’s best for them. lianna: do you think the two of you will be able to come to an agreement around an arrangement for the children? tanya: i think given time we will but most of the time we disagree, to be honest. i mean, there’s some things we do agree on

when it comes to the kids. lianna: well that’s good – it will be much easier if you and your ex can come to an agreement. i would suggest though that you speak to a lawyer so that you can get more information about your rights, that would be better. tanya: that’s a good idea, i will, and then i can make a decision about what’s best for them. lianna: yeah, good. i agree…

legal issues regarding children when relationships break down interviewer: when parents separate, what legal issues should they know about raising the children? speaker: parents who are separating and who have been raising children together have to know how the children will be raised after the separation. this means that they will have to decide about child custody and access.

what does it mean to have custody of a child? interviewer: what is child custody? i’m not sure i know what that means. speaker: when a person has custody of a child, it means that person has the legal right and responsibility to make all the important decisions with respect to the child’s life. this includes things like where the child will live and go to school,

whether they will participate in religious practices, and making important medical decisions about the child. sometimes, only one parent has custody of a child. that is called sole custody. often both parents will have custody of their child, even if the parents have separated. that is called joint custody. parents can agree to a custody arrangement, or the court can make an order about who has custody of a child.

the difference between sole custody and joint custody interviewer: can you tell me more about sole custody? speaker: if you have sole custody you have the right to make all of the important decisions about your child by yourself. and the other parent cannot tell you what decisions to make for your child. but when you have sole custody, the other parent usually still has the right to know about the child’s life

and the decisions that you make for the child. that is called having access to the child. i’ll talk more about access in a minute. interviewer: but what if the two parents want to share decision making about the children? speaker: in that case, they might be able to agree that both parents will have joint custody. with joint custody, both parents have the right to make major decisions about the child’s life,

which requires them to work together. if the parents separate, and can’t agree about who will have custody of their child, then they can go to family court, for an order about custody. if the court knows the parents do not get along, or if there is or was abuse in the relationship, the court is less likely to order joint custody. is custody decided by the courts? interviewer: so do parents have to go to court

and let the court decide whether they have sole custody or joint custody? speaker: no. if the ex-partners can agree on what arrangements to make for how the children will be raised and cared for, they do not have to go to court. they can make their own arrangements. if this is what they decide to do, it is a good idea to put the agreement in writing, with the date,

and get both parents to sign it. it is also best in this case for each parent to have their own lawyer look at the agreement. to help make sure the parents follow their agreement, it is a good idea to file the final agreement with the court. if a woman does not get along with her child’s other parent, or if there is, or was abuse in the relationship, it is safer for her and her children to get a lawyer and consider going to court

for an order about who has custody of the child. what does it mean when a parent has access instead of custody of a child? interviewer: you mentioned access to a child, even if you don’t have custody. what is access? speaker: if one parent gets sole custody, the other parent will usually have the right to access. simply put, access means the right to visit

and spend time with the child, and to have information about the child’s health, education and general well-being. and when the child is with the access parent, that parent can make everyday decisions for the child, such as meals, homework, bedtime, and looking after minor colds or scrapes. interviewer: if a parent has access how often can that parent see the child?

speaker: parents can agree to any access schedule. it could be one night a week, every other weekend, some holidays, or any combination of these. if the parents go to court for an order about custody and access, the court can make different kinds of orders about access, for different situations. different kinds of access the court can order speaker: for example, the court could order

that one parent gets sole custody of the child, and the other parent gets “reasonable access.” in this situation the parents work out the details for themselves. interviewer: but what if the parents can’t agree or even talk to one another without fighting? speaker: in this situation, you can ask the court to set out a schedule for access visits. this is called “fixed or limited access.”

so a woman could ask the court for an order that spells out the details about the other parent’s access visits, such as when, how long, and how often access visits will be. this can be helpful if the relationship is or was abusive. a woman can ask the court to set dates and times for visits, so that she does not have to talk to the other parent about these details. interviewer: what if the child isn’t used to spending time alone

with just one parent? speaker: sometimes if a child was very young when the parents separated, or if the child has not spent much time with the access parent, the court orders “graduated access.” this type of access schedule starts with short, maybe supervised visits, and gives the access parent and child longer visits as time goes on, so the child has a chance

to gradually get to know and trust the access parent. supervised access – for some safety concerns interviewer: what about situations where there is concern about the child’s safety while spending time with the access parent? speaker: in this situation, the court can order “supervised access.” this means that the parent cannot be alone with the child. if the court is worried

about the child’s safety with the access parent, it can order that visits can only take place when there is someone else there who can make sure the child is safe. sometimes the visit is supervised by a family member, a friend, or a social worker. supervised visits can also take place at a “supervised access centre,” where staff monitor the visits

between the access parent and the child. if a woman is worried about conflict or her safety when she is dropping off or picking up her child from a visit with the other parent, the court can also order “supervised access exchanges.” this could take place at a “supervised access centre” where there is a time gap between drop off and pick up, and staff can ensure everyone’s safety. or another safe location could be chosen,

such as a police station, or a public place. interviewer: will the court always give a parent access with a child, even when there are serious concerns about the child’s safety with that parent? speaker: no. in very rare cases, a parent will be denied access to his or her child. but this will only happen if the court has good reason to believe

the child will be physically or emotionally harmed by that parent, and supervised access will not provide enough protection. in these cases the court can order that a parent has no access rights to spend time with the child. where the child lives interviewer: how does the custody and access arrangement affect where the child will live? speaker: a parent who has sole custody can decide where the child lives,

as long as any order about access can still be followed. parents who have sole custody usually live with their child most or all of the time. the home where the child lives most of the time is called the child’s “primary residence.” the parent who cares for the child most of the time is called the “primary caregiver.” the parent who cares for the child most of the time courts often decide that children should live with the parent

who has been the primary caregiver for most of the child’s life, or who is the primary caregiver at the time that the court is deciding custody. where parents have joint custody, the child will usually live with each parent some of the time. the time might be divided equally with each parent, but parents with joint custody can agree to any arrangement. a parent who has access has a right to spend time with the child according to the court order, which both parents must follow.

if they can agree, they can change the access schedule. if they can’t agree, the parent who wants the change may be able to get a different order from the court, if there has been a significant change in circumstances that affects the child. scenario 2: two sisters, lena and sita, talk about lena’s concerns about custody of her daughter. sita: lena, you look worried.

lena: i am. you know i am a good mother to jaya, my daughter, but girish, he says that he’s going to get custody of her, sole custody, and i won’t be able to visit her as much. sita: what? but you are the one that’s always been there to take care of her. you’ve always been looking after her needs. it’s always you. since jaya was born you’ve been there for her.

lena: well sure, but girish says that because he has a good job he’ll have the advantage when we go to court and he’ll get custody. and also, he says he will because he’s hearing. how do courts decide about custody and access? interviewer: the mother in this scenario is worried about losing custody of her daughter. she and her ex-partner will be going to court to decide custody. how do the courts decide about custody and access?

speaker: a judge who is making a decision about custody and access must decide what is in the “best interests of the child.” this is a strict legal test that focuses on the child’s needs and circumstances. the court will usually assume it is best for a child to have a continuing relationship with both parents. this can mean joint custody, or custody and access. the court will limit the time a child spends with a parent,

only if there are good reasons. interviewer: what are some things the court will look at to determine what is in the best interests of the child? speaker: some of the things that the court looks at are: the relationship between each parent and the child, for example, are there strong emotional ties? is it a loving relationship? the parenting skills that each parent has; the plan each parent has to care for and raise the child;

the ability of each person to provide for the child; how long the child has been in the same home, school and community; and for older children, what the child wants. the court must also look at whether either parent has ever been abusive to their partner, to a parent of the child, to anyone living in their household, or to any child.

this will be part of the court’s decision about whether the abusive person has the ability to act as a parent. interviewer: what other things could the court consider about how well a person parents? speaker: in general, the court will look at the child’s needs and how well each parent can meet those needs. the court will consider specific evidence if there is concern about risk of harm to the child,

such as family violence. the court considers the specific facts in each case. for example, some courts have been sensitive to deaf culture, when trying to understand a deaf person’s parenting skills. one judge recognized the importance of supporting children to learn how to communicate with a deaf parent, to strengthen the emotional bond between child and parent. interviewer: what if it looks like both parents can be good and loving parents?

speaker: the court also takes a serious look at what is in place at the time, such as where the child is living, and who is the primary caregiver for the child. this is called the status quo. if things are working well for the child, the court may decide not to make big changes in the child’s routine. scenario 3:

juanita and lucinda talk about juanita’s separation from her abusive ex-partner. juanita: it has been a very difficult couple of months. it’s so good to see you. lucinda: wow, you and your daughter lily, you’ve been through so much. you suffered through so much with hazel. and now that you and your daughter have finally left hazel, i’m really glad.

i’m glad that you’re not with hazel any longer, i think that’s good. juanita: yes. i’m still scared of hazel. you know… and it was serious. every time she comes to pick up our daughter, i still get anxious. lucinda: and how is your daughter doing? how is lily? juanita: she is confused; and clinging to me a lot. it’s better now than it was before –

you know when we were living together. there was a whole lot of fighting but it’s better now. lucinda: hmm. can i ask you something? have you talked to a lawyer about who might get custody of your daughter? juanita: a lot of people in the deaf community know hazel and i don’t want to ruin her reputation. i don’t want to do that. and if i did,

the community would then become involved in the situation and i don’t want that. lucinda: i can appreciate that, but what’s most important is that you put everything in place so that you can be safe – for you and for your daughter. and lawyers, might be able to give you the advice that you need because safety is the most important thing for you and for lily. juanita: hmmm… yeah, i need to think about that. custody and access

where there is a history of intimate partner violence interviewer: what should women do if their relationship was or is abusive? speaker: it’s important first of all to know that abuse can happen in any intimate relationship. there are many reasons why a woman may hesitate to disclose abuse in an intimate relationship, however, deaf women, such as juanita in this scenario, may feel the added stigma of not “shaming” their ex-partner.

but if your intimate relationship was or is abusive, it is important to talk to a lawyer about your rights and options for custody. it is also very important to know that there is a greater risk of violence when an intimate relationship is ending. if you are in immediate danger you can call the police by dialling 911 for help in an emergency. for information about where to find legal advice

for your family law matter, go to this website: www.onefamilylaw.ca/en/legalhelp/ getting interpretation services to work with a lawyer speaker: when you contact a lawyer you should explain what kind of interpretation services you need to be able to effectively communicate to get legal advice. the lawyer must arrange and pay for an interpreter unless it would cause the lawyer excessive hardship to accommodate the client.

a deaf client should ask for a qualified interpreter. the canadian hearing society can help find a qualified interpreter. a deaf client should not rely on a family member or friend to interpret, because this can lead to biased interpretation, and the client’s information may not be kept private. if you qualify for legal aid services, legal aid provides and pays for interpretation services to work with a legal aid duty counsel.

you must ask for an interpreter as early as possible before your meeting with duty counsel, so that an interpreter can be arranged. if you qualify for a legal aid certificate, legal aid will cover the cost of an interpreter so you can effectively communicate with the lawyer who is covered by the certificate. to get more information, legal aid can be reached by bell relay and tty phone line.

tty: 1-866-641-8867 www.legalaid.on.ca/en/getting/type_domesticviolence.asp getting an interpreter in family court if you are going to court, you have the right to a qualified interpreter during the proceedings, who must be competent, precise, and impartial. the ontario government will pay for the interpretation services that you need in order to effectively communicate and understand the proceedings in court. you or your lawyer

should request an interpreter as early as possible to ensure an interpreter can be arranged for your court date. you or your lawyer have to explain what interpretation services you need. you can contact the accessibility coordinator at your courthouse to arrange for the interpreter. you can also call the tty number for the ontario ministry of the attorney general

to ask for an interpreter. tty: 1-877-425-0575 www.attorneygeneral.jus.gov.on.ca/english/ in all of these situations, there may be limits on the interpretation services that are available. best efforts to provide interpretation services to a deaf person working with a lawyer, or at court must be made, but the best or perfect interpretation services may not be possible in every situation.

following custody and access orders interviewer: does each parent have to follow what the court has decided about custody and access for their child? speaker: usually, the answer is yes. a court order is a legal document. if a parent repeatedly refuses to follow the order, the other parent can go to court and may be able to get the order changed,

including getting sole custody of their child, and/or limiting access to the child. but, if you have reason to believe your child is in danger call the police at 911, and in this situation, you can refuse to give the other parent access to your child. if you think your child is in danger and you refuse to grant access, it is important to talk to a lawyer right away. interviewer: thank you.

speaker: you’re welcome. resources and credits there will now be a list of several resources you may be interested in as well as the credits for this video. community resources: resources for women: fodf – femmes ontariennes et droit de la famille www.undroitdefamille.ca

owjn – ontario women’s justice network www.owjn.org ontario women’s directorate www.women.gov.on.ca/owd/english/index.shtml community resources for deaf people in ontario: emergency interpreter service canadian hearing society tty: 1-866-831-4657 sms/text 905-971-0564 info@chs.ca silent voice tty: 416-463-3928 www.silentvoice.ca silent.voice@silentvoice.ca

women with disabilities and deaf women’s program www.springtideresources.org/programs brcd bob rumball centre for the deaf tty: 416-449-2728 www.bobrumball.org support for women facing intimate partner violence: assaulted women’s helpline tty: 1-866-863-7868 www.awhl.org ontario network of sexual assault/ domestic violence treatment centres www.satcontario.com/en/survivor.php

ontario coalition of rape crisis centres www.sexualassaultsupport.ca sheltersafe – find a shelter near you www.sheltersafe.ca silent voice – deaf adult services program tty: 416-463-3928 www.silentvoice.ca silent.voice@silentvoice.ca 211 toronto and 211 ontario for community and government services anywhere in ontario tty: 1-888-340-1001 www.211ontario.ca officeadmin@211ontario.ca

victim crisis assistance and referral services tty: 1-888-340-1001 www.attorneygeneral.jus.gov.on.ca/english/ovss/programs.php ministry of attorney general vwap – victim witness assistance program tty: 1-877-425-0575 www.attorneygeneral.jus.gov.on.ca/english/ attorneygeneral@ontario.ca u.s.-based resources & vlogs for deaf women facing violence: adwas – abused deaf women’s advocacy services www.adwas.org deaf abused women’s network

www.deafdawn.org legal information and services: family violence authorization program legal aid ontario free 2 hour emergency meeting with a lawyer tty: 1-866-641-8867 info@lao.on.ca www.legalaid.on.ca/en/getting/type_domesticviolence.asp the barbra schlifer commemorative clinic – free legal help & languages services (including asl) tty: 416-323-1361 www.schliferclinic.com schliferclinic.com/about/contact-us/

arch disability law centre – free legal clinic for the deaf and people living with disabilities tty: 416-482-2981 archlib@loa.on.ca www.archdisabilitylaw.ca legal aid ontario for low-income people tty: 1-866-641-8867 info@lao.on.ca www.legalaid.on.ca/en/getting/type_domesticviolence.asp human rights legal support centre tty: 1-866-612-8627 www.hrlsc.on.ca family law information program, legal aid ontario tty: 1-866-641-8867 info@lao.on.ca www.legalaid.on.ca/en/getting/flip.asp

family law information centres, ministry of attorney general www.attorneygeneral.jus.gov.on.ca/english/family/infoctr.asp justice net: reduced-fee lawyers for low-income earners who do not qualify for legal aid www.justicenet.ca/directory/search/action/home/pro/lawyer/ info@justicenet.ca law society of upper canada – lawyer referral service tty: 416-644-8446 www.lsuc.on.ca lawsociety@lsuc.on.ca court prep – prepares victims and witnesses to give evidence; information on canadian legal system

www.courtprep.ca actors lilach barshoshot eileen borges-higgins tamyka bullen brenda crocker chantal deguire luba tourlova written by:

tamar witelson, legal director, metrac joanna hayes, metrac catharine butler, springtide resources inc. consultants: jo-anne bryan, silent voice alice lo fran odette interpretation & editing of educational material: canadian hearing society

asl signing: beth hutchison nicka sage lovell video directing and editing: wendy rowland camera: robin bain special thanks to: laurie snowden, ministry of the attorney general

nadine sookermany, springtide resources inc. asl interpreters: melissa cyr tara everett dana feckovics sara gold tala jalilli silvia wannam this video was produced by metrac action on violence

and springtide resources inc. for the flew (family law education for women) project support provided by arch disability law centre metrac and springtide resources inc. received input on deaf culture and experience from members of the deaf community and from silent voice. silent voice is a not-for-profit community-based organization which serves deaf children, deaf youth and adults,

and their families in a sign language environment. funded by: government of ontario through the ontario women's directorate and the law foundation of ontario the information in this video is accurate as of march 1, 2016 this video is dedicated to the memory of lynda roy, 1965-2015