PARENTING DECISION-MAKING & PARENTING TIME

Parenting Decision Making

One of the most contentious issues that arise during a separation or divorce is child-related decisions, including:

Where will the child live?
How much time will each parent spend with the child?
How will parents make major decisions about how to care for and raise the child?

Decision-making responsibility is the right to make major decisions about how to care for and raise your child. Decision-making responsibility was formerly referred to as ‘custody’.

The parent with decision-making responsibility has the right to make important decisions about:

The child’s education
The child’s medical care
The child’s religion
Welfare

Decision-making responsibility can be divided in a number of ways, including:

One parent has sole the decision-making responsibility, and may or may not need to consult the other parent prior to making any major decisions;
Both parents have decision-making responsibility; or
Each parent is responsible for different areas. For example, one parent makes decisions about the child's health and another parent makes decisions about the child's education.

Parents may resolve parenting disputes through parenting plans or litigation.

Parenting Time

The time that a child spends in the care of a parent is called parenting time. Parenting time was formally referred to as ‘access’. When a child lives with one parent, the non-custodial parent has the right to spend time with the child considering the child’s best interests.

There are various types of parenting arrangements, including:

Liberal Parenting Time: where separating parents have had an amicable separation, or can cooperate with one another, parenting-time arrangements can be left open instead to be decided on an ad-hoc basis, rather than having a formalized schedule;
Fixed Parenting Time: in a fixed access arrangement, the length of visits, frequency of visits, time of visits, and sometimes even location of visits can be pre-determined. This arrangement is necessary when parents need a rigid framework to avoid ongoing conflict; or,
Supervised access: in some circumstances, access may need to be supervised by another person or institution. The purpose of supervised access is to protect a child from the risk of harm and it is generally meant to be a temporary remedy, rather than a long-term solution.

Child related issues may be resolved through a parenting plan or by way of a court Order.

The Divorce Act says that judges have to consider the "best interests of children" when they make decisions about parenting arrangements for children after a separation or divorce.

It is essential to consult a family lawyer on your right and obligations in relation to parenting decision-making and parenting time.