Affairs, Adultery & Spying FAQs

If my spouse has committed adultery, am I more likely to get custody of my children?

The Divorce Act states that the past conduct of a parent is only relevant when it shows that person’s ability to parent their children. Judges will consider the past conduct of a parent, but only as outlined by the Act. Judges also have to consider past cases that have outlined how to consider parenting ability in light of adultery, and past case law outlines that adultery does not damage a person’s ability to parent a child.

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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.