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Temporary Child Custody During Separation Agreement


Couples who are legally separated by Separation Agreement in Ontario(or who even just decide they need some time away from each other) can make plans for temporary child custody arrangements. You can go through the court and get a temporary custody order, or if you and the other parent are able to, you can make an agreement between the two of you.
The first thing to decide in a temporary custody situation is if you need a custody order. A temporary custody order comes when one parent files for temporary custody at the courthouse. The parents are then given a time for a meeting with the judge--usually within a week or so. Both parents meet with the judge (this isn't an official hearing) and they come up with a custody arrangement for the next few months. The judge makes a custody order that has an end date when the official custody hearing will happen.
You should definitely get a custody order if you are worried about the other parent's behavior during separation. Worrisome behavior could include: threats that the other parent will leave with the children, the other parent not being cooperative about dropping the children off at the visitation times, a lot of fighting and conflict between the two of you, etc. Any type of this behavior signals the need to have some legal intervention so that an eventual custody agreement can be worked out.
The best situation occurs when both parents are able to sit down and work out a temporary custody and visitation agreement. This should include a plan where the children will live (it will probably be easiest to have the children stay in the home they are used to) and what parent will take care of them. It may also be necessary to work out child care issues and other things that may come up. If both parents can come to an agreement and they both follow it carefully, there may not be a need for a custody order. However, it never hurts to have that legal foundation for your agreement.
Working out your custody during separation can be stressful, but it is worth it to deal with it right at the beginning. You never know how the separation will end, but there is a very real possibility that you will need to make permanent child custody plans. The situation you set up during temporary custody will influence that final arrangement, so you want to make sure you start off right.



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