Parenting – Decision-Making and Parenting Time
In family law, issues related to parenting or custody involve two main concepts: “decision-making responsibility” and “parenting time”, which replaced the former terms “custody” and “access”.
Decision-Making Responsibility
Parenting Time
Best Interests of the Child (or Children)
Factors Considered in the Best Interests
- the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;
- the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;
- each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;
- the history of care of the child;
- the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;
- the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
- any plans for the child’s care;
- the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;
- the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;
- any family violence and its impact on, among other things,
- the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
- the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and
- any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.
When determining parenting time, the guiding principle is that a child should spend as much time with each parent as is consistent with their best interests.
Parenting Plans and Separation Agreements
Parenting arrangements also typically include additional practical considerations, to be addressed either in a Parenting Plan or the parenting provisions of a Separation Agreement. These may include matters such as travel, relocation, communication protocols, and other logistical or decision-making guidelines.
Parenting Agreement Lawyers Serving Vaughan
Parenting arrangements are among the most important decisions you will make. We are here to help you find clarity and prioritize put your children’s best interests first.