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Debra, Lawyer
Category: Canada Law
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Can a paternity agreement under section 59 of the family law

Customer Question

Can a paternity agreement under section 59 of the family law act of Ontario cover custody and access?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Please provide me the basic facts and then I can answer in a more meaningful way.

Customer: replied 1 year ago.
I need to know if I sign a paternity agreement versus a separation agreement if custody and access can be part of a paternity agreement .. I was never spouse or common law with my child's mother so a separation agreement does not apply. So will a paternity agreement legally cover access custody and support if we make a parenting agreement?
Expert:  Debra replied 1 year ago.

You would not have a parternity agreement as that is not for custody and access.

But you can simply have a custody/access agreement. It is still a domestic contract and it doesn't matter what it is called.

The fact is though, just so you understand it, that any agreement with respect to custody and access while very helpful in many ways, is never fully binding in the sense that a court can always vary the agreement because the court must always make any order based on what it finds to be in the best interests of the child.

So you can have an agreement for custody and access and for child support as well and can call it whatever you wish really. It will have the same validity and strength as any separation agreement even though this is not actually a separation agreement.

Does that answer your question?

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