Affairs, Adultery & Spying FAQs

Can I get custody of my children if my spouse has committed adultery?

While it is true that sometimes a judge will consider past conduct of a parent in making a custody order, Section 16(9) of the Divorce Act specifically sets out that the past conduct of a parent will only be relevant where it speaks to that person’s ability to parent a child. The case law in this area of family litigation says that adultery does not damage a person’s ability to parent a child.

Although this result that Adultery does not affect a claim for custody is contrary to what many people except coming into a lawyer’s office, it actually does reflects the no-fault nature of Canadian divorce law.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.