Parenting Time and Decision Making
Parenting arrangements (formerly known as custody) are a crucial aspect of family law that ensures the well-being and upbringing of children in separated or divorced families. If you have children, you will need a parenting arrangement in place to finalize your divorce or separation.
What is in a parenting arrangement?
A parenting arrangement will deal with:
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Parenting Time: schedule and arrangements made for each parent to spend time with their children. This includes both regular living schedules as well as holidays and vacation time.
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Decision-Making: refers to the right to make significant decisions about a child’s life and well-being. These decisions may relate to health, education, religion, and other important matters in respect of the child’s welfare
Types of parenting time
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Shared Parenting Time: parents who have shared parenting time share the amount of time spent with the child. Under the Child Support Guidelines, shared parenting time is where a child lives at least 40% of the time with each parent.
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Split Parenting Time: split parenting time is when parents have more than one child and each parent has one or more children living with them for most of the time.
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Supervised Parenting Time: supervised parenting time can be arranged if there are safety concerns during visits, or when children are exchanged between parents. When a supervised parenting time arrangement is in place, someone else must be present when you visit with your children or when exchanges occur.
Can a spouse be given no parenting time?
Orders from the court stipulating no parenting time only happens in the most extreme cases. Parenting time could be denied if the court believes that the parent is at risk of:
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Harming the child
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Harming the other parent with the decision-making responsibility
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Not returning the child to the other parent
Types of decision-making
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Sole Decision-Making Responsibility: one parent has the right to make important decisions about the child's care, education, religious instruction and welfare, and doesn't need to involve the other parent when making decisions.
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Joint Decision-Making Responsibility: parents who have joint decision-making responsibility for their children share the right to make important decisions about their care and remain involved in making decisions about the children.
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De-Facto Decision-Making Responsibility: when your children live with you, but you don’t have a legal decision-making responsibility arrangement.
How is a parenting arrangement made?
You and your spouse can either:
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Negotiate and agree to a parenting arrangement informally between yourselves or formalize it and make it a part of your Separation Agreement or court order.
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If you cannot agree, you can ask a judge to decide and they will issue a parenting order.
Why choose us
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Expertise: Our team has extensive experience handling parenting time and decision-making cases in Ontario. We stay updated on the latest legal developments and strategies to ensure the best possible outcomes for our clients.
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Compassionate Approach: We understand the emotional toll that separations and divorces can be on parents and their children. Our team takes a compassionate and empathetic approach, providing personalized guidance and support tailored to your family’s unique needs and circumstances.
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Client-Centered Service: We take the time to listen to your concerns, understand your needs, and develop a customized legal strategy designed to achieve the best possible results for you and your family.
Finalizing a parenting arrangement can be complicated. Call us today to make sure you understand your options and the legal process.