In 2021, the Divorce Act changed. One of the changes is that the terms “custody” and “access” have been replaced with terminology that better reflects the duties and responsibilities of parents towards their children. Such terminology includes “parenting-time” instead of access, “decision-making responsibility” instead of “custody,” primary caretaker instead of “custodial parent” and secondary caretaker instead of “parent with access”. The remainder of this article will use such terms in the place of “custody” and “access” and other terms of that nature.
For some parents in Canada, seeking sole decision-making responsibility for their child can become a major source of conflict, especially after a separation or divorce.
To obtain sole decision-making responsibility, a parent must demonstrate that the other parent is unfit or unable to fulfill the child’s best interests. This can be a very personal and contentious legal matter, as the other parent is often portrayed as unsafe, negligent, or unfit for parenting.
If you are seeking sole decision-making responsibility for your child in Canada, a child access and parenting lawyer at Alves Law can be crucial. Our experienced team will help gather the necessary evidence and make compelling arguments to support your case before the courts.
We understand there are many complicated factors and variables at play when discussing the topic of decision-making responsibilities.
Please feel encouraged to sit down with us for a consultation. Let us in on the details of your unique situation. We can apply our advanced legal knowledge of the law and parenting arrangements in Canada to ensure we work together towards the best outcome for your case.
Common Grounds For Sole Decision-Making Responsibility In Canada
If the parties can’t agree, the courts decides if you will be granted sole decision-making responsibility for your child. In Canada, these are the most common grounds used to win such cases.
Lack Of Safety And Proof of Violence
When there is evidence of family violence, including physical abuse, emotional abuse, or sexual abuse in the family home, this can form one of the strongest arguments for granting sole decision-making responsiblity to one parent. Courts take any form of abuse or neglect extremely seriously, and this can significantly affect a parent’s ability to care for a child. To make this argument, you must present clear and compelling evidence of the abuse or neglect to support your case.
More Stability And Routine For The Child
If you can provide a more stable and consistent home environment, this can work in your favor. Demonstrating how you can offer predictable routines, ensure your child receives the necessary schooling, and maintain strong community ties can be a key factor. Stability and routine help children feel safe, build confidence, and positively impact their cognitive and emotional development. If you can consistently provide the daily care and supervision a child needs, this can strengthen your case for sole decision-making responsibility.
Parental Ability And Conduct
If the other parent is not demonstrating the proper conduct this could affect their ability to be awarded sole decision-making responsibility. As your lawyer, we may recommend showcasing your parenting skills, particularly your ability to meet the child’s emotional and physical needs. However, it’s important to remember that courts favor parents who encourage a positive relationship between the child and the other parent, unless there are safety concerns. If you’re seeking sole decision-making responsibility, it’s vital to make best efforts to co-parent until you can prove that the only parent who doesn’t co-parent is the other side.
Let A Family Lawyer Guide Your Argument For Sole Decision-Making Responsibility
There is a lot to learn about how parenting time and decision-making responsibility for the child works, some of which you can find in our family law resources at Alves Law.
Achieving sole decision-making responsibility is not an easy task. In addition to proving that the other parent is unfit for decision-making, you must also demonstrate your own qualifications to be provided with sole decision-making responsibility. It’s a delicate balance to strike, as overtly criticizing or insulting the other parent in court is considered inappropriate and can hurt your chances of gaining sole decision-making responsibility.
As your family lawyer, we can assist you in gathering the necessary documents and evidence to support your case. This may include financial statements, personal details, and other factors that could prove your ability to provide a stable and supportive environment for your child.
Navigating the complexities of parenting time and decision-making responsibility requires a clear understanding of what works and what doesn’t. A lawyer can help ensure your argument is based on the child’s safety, well-being, and growth.
At Alves Law, we are happy to advise you not only on how to pursue obtaining sole decision-making responsibility , but also on alternative options such as joint decision-making, shared decision-making, and split decision-making. Every situation is unique, and we’re here to guide you through the process. Let’s discuss your case and find the best approach for your family.
What You Can Expect From The Courts When They Decide How to Allocate Decision-Making Responsibility
Any Canadian court is governed by the principle that decision making for a child must be done in accordance with that child’s best interests. You likely know your child best, and don’t want an outsider, like a Court, decision how decisions for your child will be made. This is why courts always encourage parents to try to make decisions for the child(ren) without court intervention.
When this is impossible, a court will consider the evidence presented by the parties to determine how decisions for the child(ren) will be made.
Don’t go through the process of dealing with the family law courts alone. The process is not only complicated but can be emotionally, mentally, spiritually, and financially draining for someone trying to self-represent. A legal professional can help you navigate the process with confidence, ensuring you supply the evidence and argument to state that you have the means and commitment to raise your child with sole decision-making responsibility
When you have Alves Law at your side, you get experienced legal guidance from lawyers that have seen complex parenting time and decision-making responsibility.
Our legal team is dedicated to offering personalized strategies tailored to your specific circumstances. Whether you’re seeking guidance on how child support should be handled or outlining your preferred child access arrangements with the other parent, we will work closely with you to ensure that your needs and priorities are clearly addressed.
Contact Alves Law For A Consultation Regarding Sole Decision-Making Responsibility
Are you not sure how to move forward or where to start in seeking sole decision-making responsibility for a child in Canada? Contact us at Alves Law for a consultation.
There’s no obligation to retain after the consultation. If the goal is sole decision-making responsibility let us answer your questions and provide needed advice on how to ask the court for it. Do not hesitate to get in touch with the legal professionals at Alves Law who have significant experience in parenting time, decision-making responsibility divorce, and family law disputes.
We believe in being transparent with you throughout the legal process. If we believe your argument for sole decision-making responsibility is weak, we will openly discuss it with you.
Together, we can work to strengthen your case and present the strongest possible argument before the family courts.
We understand that pursuing sole decision-making responsibility for a child is often a last resort, typically driven by significant conflict, violence, or abuse. If your child needs your protection and care, let us advocate on your behalf to achieve the best outcome possible.
Contact a family law professional at Alves Law, and let’s work toward securing the future your child deserves.
Frequently Asked Questions
What is a judge paying attention to in a parenting time and decision-making responsibility case in Canada?
A judge is always looking at the best interests of the child at all times.
Does sole decision-making responsibility affect child support payments?
No. Who makes decisions for a child has no bearing on how much, if any, child support a parent pays. The parenting time schedule and the parties’ incomes determine this.
Is a mother or father most likely to get sole decision-making responsibility of a child in Canada?
In Canada, there is no legal preference for whether a mother or father will be granted sole decision-making responsibility. The decision depends entirely on what is in the best interests of the child . A judge will consider the specific circumstances of each family before deciding if, and who, should have sole decision-making responsibility.
How can a father take sole decision-making responsibility from a mother and gain sole decision-making responsibility?
It is possible for the father to gain sole decision-making responsibility of a child if the father proves that it is in the child’s best interests to do so.
