Child Custody Lawyer Toronto
Parenting and Decision-Making Support — Child Custody Lawyer Toronto
Navigate complex decision-making responsibility and parenting time with Smithen Family Law. Our strategic, child-centered approach ensures clarity, prioritizes your children’s well-being, and creates safe, stable outcomes.
What We Do
Types of Decision-Making Arrangements
Since March 2021, Ontario law uses “decision-making responsibility” rather than “custody,” and “parenting time” rather than “access.” Kathryn helps parents understand the application of these new terms and what they mean in family law practice.
SOLE DECISION-MAKING
One parent has authority to make all major decisions about the child’s upbringing. This is often appropriate when one parent has been absent, abusive, or unable to cooperate post-separation in parenting decisions.
JOINT DECISION-MAKING
Both parents share decision-making authority and must consult each other on major decisions. This works best when parents have a good history of communication and cooperation and can effectively prioritize the child’s needs.
SPLIT DECISION-MAKING
Each parent has authority over different areas. For example, one parent may make education decisions while the other makes health care decisions.
WAYS WE SUPPORT YOU
The Best Interests of the Child Test
Ontario courts make all parenting decisions based on the best interests of the child. This is a specific legal test set out in the Divorce Act and the Children’s Law Reform Act that governs this important area of family law. Kathryn builds her custody cases around evidence she and her clients gather to support these factors.
Courts consider: the child’s physical, emotional, and psychological safety; the child’s relationships with each parent and siblings; each parent’s willingness to support the child’s relationship with the other parent; the child’s views and preferences; each parent’s ability to provide stable, consistent care; and any history of family violence or abuse.
Kathryn gathers evidence — from teachers, doctors, counsellors, caregivers and other witnesses — to demonstrate that her client’s proposed arrangement serves the child’s best interests. Sometimes professional assessments are needed to determine a child’s best interests. Other times, outside agencies, such as the Office of the Children’s Lawyer, a government organization, become involved at a court’s request.
What We Do
Creating a Parenting Plan That Works
A good parenting plan is specific, practical, and child-focused. It should address: the regular parenting schedule; holiday and vacation schedules; decision-making protocols for major issues; communication methods between parents; transportation arrangements; and how disagreements will be resolved.
Kathryn helps clients develop parenting plans that are realistic, child-centric, and enforceable. She also advises on what to avoid during a custody dispute — such as speaking negatively about the other parent in front of the child, withholding parenting time without cause, or relocating without notice. These missteps can seriously damage your case.
Why Choose Us
Child-Centered Guidance Grounded in Clarity, Safety, and Experience
At Smithen Family Law, your children’s safety and stability come first. We understand how emotional and distressing custody disputes can be, especially when trauma or conflict is involved.
Our trauma-informed approach blends strong legal strategy with compassion, ensuring your concerns are respected and your children’s needs remain at the center. We guide you through each decision with clarity, patience, and unwavering commitment to your long-term peace of mind. With us, you’re supported-not judged-and your children’s well-being stays protected.
Stories of Strength
What Our Clients Say
The most meaningful measure of our work is the lives rebuilt along the way. These stories reflect courage, trust, and the quiet victories that matter most when navigating family law and personal transformation.
She Worked Hard and Stayed With Me Through Everything
K. Smithen was attentive, professional, and dedicated throughout my case. She listened, answered all my questions, and fought for the best interests of me and my child. Her compassion and hard work made a difficult process easier. I strongly recommend her.
M.O.
Her Guidance Helped Me Feel Protected and Supported
Ms Smithen is professional and cares for her clients. I was able to focus in my situation and rely all the legal stuff to her. Due to her knowledge, I was able to secure a home for my kids. She offers good advice and makes sure the job gets done. Her rates are fair and the quality of her job is excellent. She is prompt to respond even on weekends or evenings. During the worst time of my life I felt protected and care for. Without her I would have been a mess. She is strong communicator and when in court she has a great presence and makes you feel comfortable in an unfamiliar environment. When sick you call a doctor. With a divorce you want her representing you.
L.K.
Her Team Supported Me Through Every Step With Grace.
Kathryn listened carefully to my situation and made me feel safe and supported. She and her team worked diligently, guided me with grace, and helped me stay focused during a difficult time. Her professionalism, strength, and compassion made a tremendous difference. I strongly recommend her.
WY Chan
Dedicated, Empathetic, and Truly Exceptional Representation.
Kathryn is dedicated, understanding, empathetic, and incredibly sharp. She represented me in family court with outstanding attention to detail. I felt heard, validated, and fully supported throughout the process. I am forever grateful for her hard work and commitment to my case.
MCF
Her Compassion and Integrity Helped Us Stand Again.
My divorce was extremely difficult, but Kathryn helped us land on our feet. She handled my case with exceptional compassion, professionalism, and attention to detail, protecting me and my children at every step. I am deeply grateful for her integrity and dedication. She is truly the right lawyer in hard times.
Asta Velyviene
She Helped Me Protect My Son and My Future.
Kathryn guided me through my divorce and child custody case with compassion and constant support. She kept me informed, answered every question, and helped me secure a fair agreement that protected my son’s special needs. Her judgment, creativity, and dedication made a difficult process manageable.
Paula Goncalves
Where Strength Meets Compassion
You Don’t Have to Navigate Custody Decisions Alone.
When your children’s safety, stability, and future feel uncertain, we’re here to support you with clarity and compassion. Reach out, and let’s take the first step toward creating a parenting plan that protects them-and gives you peace of mind.
Support and Clarity
Frequently Asked Questions
Family law can feel overwhelming. This section answers the questions we hear most, offering clarity and support as you make decisions that impact your future and your family.
Can I move with my child after separation?
Relocation requires either the other parent’s consent or court approval unless a court gives you advance permission to move. If you move without permission, the court may order you to return the child. Kathryn advises clients on mobility rights and helps negotiate relocation agreements or bring motions when necessary.
How is child custody decided in Ontario?
Since March 2021, Ontario uses “decision-making responsibility” instead of the older term of “custody.” Courts decide based on the best interests of the child, considering safety, relationships, stability, and the child’s views. Parents can agree on a parenting plan, or the court will impose one if the parents cannot agree between themselves and the court must make an adjudicated decision.
What is the difference between joint and sole decision-making?
Joint decision-making means both parents must consult on major decisions about education, health, and religion. Sole decision-making gives one parent final authority over decisions. Joint works when parents communicate and cooperate well. Sole is appropriate when one parent is unfit, absent, or unable to cooperate. A history of significant conflict is a sure sign that sole decision-making should be ordered.
Your Next Step Starts Here
You Don’t Have to
Face This Alone
Whether you need immediate guidance or space to understand your options, we’re here to support you with clarity and compassion. Reach out, and let’s take the first step toward safety and resolution, together.
