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ARTICLE · 21 JANUARY 2022

Does A Father Have Unequal Rights To Parent?

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In family law, there is a long-held misconception that mothers will be favoured over fathers for decision-making responsibility (custody) and parenting time (access).

CanadaFamily and Matrimonial
Jessica Bonnema
Jessica Bonnema
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In family law, there is a long-held misconception that mothers will be favoured over fathers for decision-making responsibility (custody) and parenting time (access). Back in the 1950s, courts firmly held that young children should spend the majority of time with their mother in what was called the "tender years doctrine". This is no longer the case. As gender roles evolve and change, some women choose to develop long-term careers while some men choose to care for their children on a full-time basis. For some families, a balancing act is required as both parents maintain employment.

Do courts favour mothers in decision-making responsibility (custody) and parenting time (access) disputes?

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