On March 1st 2021 the concept of “parenting” was introduced into family law; this concept replaces two previous concepts of “custody” and “access”. These changes were introduced to be more neutral and family focused. Custody is now referred to as decision-making responsibility and access is now referred to as parenting time. The new terms underscore the function of parenting in a parenting order and encourage parents to focus on the needs of their children. These changes highlight the fact that both parents in a separation or divorce still have rights with regards to their children and are still responsible to care for their children.
Decision-making responsibility and parenting time are both dealt with under the Federal Divorce Act and the provincial Children’s Law Reform Act.
Decision-Making Responsibility
In family law cases, decisions revolving around education, religion, health and other significant matters in a child’s life can be assigned to one or more parent. In addition to parents, non-parents (such as grandparents) can request decision-making responsibility from the courts.
There are two ways to obtain legal decision-making responsibility, when you and your spouse sign a separation agreement that declares you have decision-making responsibility or if a court order declares you have decision-making responsibility. There are three types of decision-making responsibility;
Sole decision-making responsibility
This occurs when one parent is responsible for and has the legal right to make all major decisions affecting their children, even if the other parent doesn’t agree. However, even in a case where there is sole decision-making responsibility, the other parent may still have the right to parenting time with their children.
Joint decision-making responsibility
This is when both parents share the right to make important decisions about their children’s care and both parents have the responsibility to ensure their children’s best interest is always the priority. In these scenarios, open communication between both parents is essential and being able to put their differences aside for the well-being of the children is a must. Co-parenting can be very difficult, this is why the courts are hesitant in making joint decision-making responsibility orders in cases where the parents have shown they cannot cooperate with each other.
De facto decision-making responsibility
This occurs when 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.
Parenting Time
Parenting time is the time your children spend in your care. Both parents have the right to parenting time unless a court feels there is a potential of the children being hurt, the other parent being hurt, or the children not being returned. In these cases, the courts can revoke the right of a parent to spend time with their children.
There are three types of parenting time:
Shared Parenting Time
When parents have shared parenting time with their children, it means that the children split their time with each parent. According to the Child Support Guidelines, a child must live with each parent at least 40% of the time in a shared parenting situation.
Split Parenting Time
When parents have more than one child, and each parent has one or more children living with them most of the time is considered split parenting.
Supervised Parenting Time
Supervised parenting time is usually requested by a parent or ordered by the courts when there is a safety concern for the children or the other parent. Supervised parenting time provides a safe setting for visits between children and a parent.
The individual that is supervising the parenting time can be a friend or family member that both parents agree on or can be a professional such as a social worker or an employee at a supervised access centre.
When navigating a divorce or separation, an experienced family lawyer is a great asset to help guide you through the process, especially when children are involved. At Sage Law Group we offer comprehensive family law services in Barrie and South Eastern Ontario. Please give us a call today 705-735-0003 and let us help you.
