Custody and access of the children of the marriage is governed by both the Divorce Act and the Family Relations Act. Custody is defined as the right to the physical care and control of the child. If two spouses are living together they share custody; together they share the right to determine a child’s education, health care, and religion. Custody also includes the responsibility to provides necessities, such as food, shelter, and clothing. When spouses divorce or separate, there are two forms of custody which can occur: sole or shared custody. These terms are used to describe where the child will reside and who will provide daily care. If sole custody is granted to one parent, the child will only live with that parent, but if shared custody is granted a variety of living arrangements can be reached.

Access refers to the right to spend time with the child, usually in accordance with the terms of an agreement or access order. Access is usually in the form of scheduled visitation where a parent has the right to spend a pre-determined amount of time with the child. Access only allows the right to spend time with the child not any influence on the upbringing of the child.

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