"Shared Custody" versus "Split Custody"

In general terms, in Canada the phrase "custody" refers to decision-making about a child or children. For example, we currently use the phrases "sole custody" and "joint custody" to describe arrangements based on which either one or both parents make major decisions about a child or children.

The Child Support Guidelines (both federal and provincial) use the phrase "custody" in a different way and this occasionally causes confusion among parents facing separation.

The phrases "shared custody" and "split custody" refer to a child's or children's residential arrangements rather than the basis on which the child's or children's parents made decisions about them.

Shared custody is a situation in which each of the parents has residence of or access to a child or children for at least 40% of the time. Special child support considerations apply in such situations and in the Federal Child Support Guidelines, those considerations are addressed by section 9.

Split custody is a situation in which each parent has custody of one or more of the children (for split custody to apply, there must be at least two children). Again, the Guidelines provide for a specific mechanism for addressing child support in those situations, under section 8.

©AJJakubowska