Parenting – Decision-Making and Parenting Time

In family law, the issue of “parenting” is divided into two main components: “decision-making responsibility” and “parenting time”, which replaced the former terms “custody” and “access”. Decision-making responsibility refers to the process of making major decisions involving a child’s: education; health, including major non-emergency health care; culture, language, religion and spirituality; and significant recreational activities. Parenting time refers to the schedule outlining when the child is in the care of each parent, typically set out as a regular residential schedule along with a separate schedule for holidays and special occasions.

Parenting issues are not determined on the basis of what one party deserves or believes they are entitled to. Instead, the focus is on the best interests of the child (or children), with primary consideration being the child’s physical, emotional and psychological safety, security and well-being. The best interests of the child will be assessed based on a non-exhaustive list of factors, including:

• • 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 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.