Going through a separation or divorce can be tough, there are many thoughts and decisions both individuals are processing. For parents faced with a divorce or separation, quite often the most challenging decisions revolve around their children. The decision of which parent the children will live with? How will parenting time be split? How do you cope without seeing your kids daily? And what happens if you don’t agree with your former spouse on decisions pertaining to your children?

Having to deal with parenting arrangements can be confusing and can even make you feel anxious. To help shed some light on parenting arrangements in Ontario we will cover what is a parenting arrangement, the different types of decision-making responsibilities are, and how these parenting arrangements are determined in the article below.

What is a Parenting Arrangement?

When parents are separating or going through a divorce, they need to decide their parenting arrangements, this includes where their children will live, how often each parent will spend time with the children and how decisions on the children’s well-being be made. If both parents are able to come to an agreement on these terms, they can write them in a parenting plan and act as an informal agreement between the parents and can even be added to the separation agreement.

When parents are unable to come to an agreement on parenting time and decision-making responsibilities, the matter can be taken to court and a judge will make the decision based on what’s best for the children. At this point it is advisable to have a family law attorney on your side to help navigate through the process. It should be noted that once parents are separated or divorced, their children generally have the right to maintain a relationship with both parents.

Different Types of Decision-Making Responsibilities

In Ontario there are three categories for parenting decision-making responsibilities:

Sole decision-making responsibility

One parent has the legal right to make any major decisions affecting the children, this includes their care, education, religious instruction and welfare even if the other parent doesn’t agree. With Sole decision-making responsibility, the other parent may still have the right to parenting time.

Joint decision-making responsibility

Both parents have input into the major decisions affecting the children, and both parents have the responsibility to ensure their children’s best interest is the priority. Joint decision-making responsibility requires open communication between both parents and the ability to put their differences aside for the best well-being of the children. Co-parenting can be tough, so the courts are often hesitant in making joint decision-making responsibility orders in cases where the parents do not get along.

De facto decision-making responsibility

De facto decision-making responsibility occurs when the children live with one parent, but the legal decision-making responsibility is the other parents. This type of decision-making arrangement needs to either be outlined in a signed separation agreement or issued by court order.

How is Decision-Making Responsibility and Parenting Time Determined?

There are two ways for decision-making responsibility and parenting time to be determined in Ontario. The first and easiest option is when the parents are able to come to an agreement on their own. This option causes the least amount of stress and disruption for the children and parents as well as being the least expensive option. This agreement needs to be put in writing and should be built with the assistance of a family law attorney. If the parents are unable to come to an agreement, the courts will make the decision regarding decision-making responsibility and parenting time based on the best interest of the children. This process can take time and the court’s decision isn’t always predictable. This option can also be quite expensive, and draining.

When navigating a divorce or separation, an experienced family lawyer is a great asset to help guide you through the process. At AGS Law we offer comprehensive family law services in Barrie and South Eastern Ontario. Our team will help you understand your legal rights and obligations, protect your rights and ensure you don’t make any costly mistakes as well as assist in formulating and reviewing agreements. Give our law firm a call today 705-735-0003 and let us help you.

Published On: December 11th, 2021 / Categories: Family Law /