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
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.
Factors Considered by Courts
The best interests of the child is the primary factor when deciding on parenting arrangements. Canadian courts consider several elements, including:
- The child’s physical, emotional, and psychological needs.
- The child’s relationship with each parent and other family members.
- Each parent’s ability to care for the child, including providing stability and meeting daily needs.
- The child’s preferences, especially if the child is mature enough to express their views.
- History of family violence, neglect, or abuse, if any, which may impact parenting time and decision-making.
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Parenting Plans and Agreements
Parents are encouraged to work together to create a parenting plan that outlines:
- Schedules for parenting time: Where and when the child will spend time with each parent.
- Decision-making arrangements: How major decisions about the child’s life will be made.
- Details about holidays, vacations, and special events.
- Communication methods: How parents will communicate regarding the child, and how the child will stay in touch with the other parent during their time apart.
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.
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Modification of Parenting Arrangements
Parenting arrangements can be modified if there is a significant change in circumstances. Either parent can apply to the court to change the existing arrangement, but they must demonstrate that the change is in the **best interests of the child**. Common reasons for modification include:
- 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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Enforcement of Parenting Arrangements
If a parent does not comply with the parenting arrangement, the other parent can apply to the court for enforcement. The court can take steps to ensure the arrangement is followed and may impose penalties for non-compliance.