Statistics Canada reports in 2002, the last census, that custody of 42% of the 35,000 children of divorcing couples in Canada was awarded as a joint custody order to both parents. This continued a sixteen-year national trend in favour of joint custody said Statistics Canada.

Mothers were successful in obtaining sole custody orders in just under 50% of the aforementioned 35,000 children while men were only 9% successful in obtaining sole custody orders.

What the statistics fail to show is how many of these orders were on consent and how many were the result of a contested hearing resulting in an order.

Further, the statistics fail to show in the joint custody orders, who has the primary residence for the children, usually indicating that the parent who has the primary residence, has the children for the majority of the time and accordingly makes the majority of the decisions for the children.

The writers own experience in the first half of 2005 seems to bear out these statistics where both parents are seeking custody and the best interests of the children can be served by either parent. Certainly the writer has during this same period of time obtained several times, sole custody for Fathers where it is clearly in the children’s best interests to be with their father. Other than in the clearest of cases, though, substantial planning, preparation and work with a counsellor is absolutely necessary for fathers to win custody of their children.

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August 2005

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