Do fathers get custody of their children?
The short answer is “Yes”. The Children’s Law Reform Act does not impose any pre-disposition to mothers as primary parents. It is societal norms and, most often, fathers themselves that get in the way by deferring primary parental responsibilities to the mothers. There has been a growing trend towards shared (50-50) parenting of children as it often results in maximizing the time the children spend with both parents, which is one of the objectives of the Act.
One wrinkle to arriving at that as a settlement is that the child support tends to be then also a shared obligation, and the financial consequences to the (usually the mother) make the primary parent resist this conclusion. That’s often the practical impediment to settlement rather than the “best interests of the children” test…..so what is often the “right” thing to do is very much subject to the self interests of the parents.