Child Custody in Canada: Types and Cost

Child Custody Canada
February 12, 2023 admin 0 Comments

When filing for child custody in Canada, it’s crucial to prioritize the best decision for the children. Consider all decision-making variables carefully, as this is a life-changing decision for them. You have to view the parenting plan with your partner, if available, even if you are a non-parent guardian.


When deciding custody, judges consider the child’s age, needs, ability to meet those needs, relationship with the parents, physical and mental health of all parties, parent’s lifestyles and time availability, and the child’s preferences. Judges do not consider the sexual orientation or cultural background of the parents, their marital status, or previous actions towards each other.

Types of Custody

Following are the types of child custody in Canada:

  1. Joint Custody: When a child spends about 40%-60% of the time with each parent between 146 and 219 days every year.
  2. Sole Custody: When a child spends more than 60% of the time with one parent only for more than 219 days every year.
  3. Full Custody: When one parent demand to have full custody of the child and they have the legal right to make all necessary decisions of the child.
  4. Split Custody: when parents with multiple children each have sole custody of different children. The child can live permanently with one parent or can live on a rotational basis.

Cost of Child Custody Lawyer

If you are going through a custody battle for your child then you will need a Child Custody Lawyer. Child Custody Lawyers can assess the physical and mental abilities of parents and children to handle cases more effectively.

The cost of a child custody lawyer can cost from $3,000 to $20,000 depending upon some factors. The factors are

  • The time spent on the case
  • The experience and the reputation of the lawyer
  • The difficulty of the case- $1,500-$6,000 hourly basis
  • Rent, utilities and other miscellaneous costs
  • Contested vs Uncontested divorce-$100-$300 hourly basis
  • An absent parent may be ordered by the court to pay the other parent’s lawyer fees.
  • The Consultation Fee ranges from $100-$550 depending upon consulting time
  • The Flat Fee upon completion ranges from $1,200-$4,500 but can increase up to $20,000 for complicated cases where parents choose a flat fee.
  • The Legal Fee can range from $3,000-$5,000 depending upon the type of case. If the case is complicated, it can jump to $35000.
  • The Miscellaneous fee can amount up to $150.

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