Parenting Arrangements in Canada
When parents separate or divorce in Canada, the courts or the parents themselves must decide on parenting arrangements. The focus is on what is in the best interests of the child, and the terms used to describe these arrangements include parenting time and decision-making responsibility, rather than the traditional term “custody.”
Key Components of Parenting Arrangements
1.Parenting Time:
Definition: Refers to the time a child spends in the care of each parent. During parenting time, the parent is responsible for the child’s day-to-day needs and activities.
Allocation: Parenting time can be shared equally, or one parent may have more time than the other, depending on the circumstances. The child’s needs and well-being are prioritized when determining the schedule.
Access for Non-Primary Caregivers: Even if one parent has more parenting time, the other parent usually has a right to spend time with the child.
Decision-Making Responsibility:
Definition: Refers to the right to make important decisions about the child’s upbringing, including education, health care, religion, and extracurricular activities.
Joint or Sole: Decision-making responsibility can be joint (shared by both parents) or sole (one parent has full authority). Courts usually prefer joint arrangements unless there is a reason to believe it is not in the child’s best interest (e.g., history of abuse or significant conflict between parents).
Contact with Other Persons:
Definition: Refers to time scheduled for third parties, such as grandparents or other relatives, to spend with the child. It recognizes the importance of other significant relationships in the child’s life.
History of family violence, neglect, or abuse, if any, which may impact parenting time and decision-making.
If parents can reach an agreement, they can submit a **parenting agreement** to the court for approval, which can then become a legally binding document. If no agreement is possible, the court will decide on the arrangement based on the child’s best interests.
A parent’s relocation.
Changes in the child’s needs or preferences.
Changes in a parent’s ability to provide care.
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