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    Who can ask for custody?
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    Under both the Divorce Act and the OntarioChildren's Law Reform Act either parent or any other person may apply to the court for an order respecting custody of, or access to, a child. This allows grandparents, common law step-parents, other family members or friends to apply for custody where they feel it is appropriate.

    If the application is under the Divorce Act, the application may only be with respect to a child of the marriage and any application by someone other than a spouse requires the leave of the court. These requirements don't apply under the Children's Law Reform Act. Each of the provinces and territories have their own legislation dealing with child custody.

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