Decision-Making Responsibility And Parenting Time
Decision-Making Responsibility And Parenting Time
When separating or getting a divorce, if there are children involved, arranging a parenting plan can be the most emotional and stressful aspect of ending your relationship.
Every parent naturally wants their children to feel safe, loved, and supported. Many parents also believe that their children should spend time with both parents. However, disagreements often arise around how that time should be divided, and these legal battles can quickly become personal.
Do not go into a legal battle, such as a divorce, without a family lawyer equipped with the knowledge and family law resources to communicate your needs, reinforce your rights, and argue for the best outcome as outlined in our first consultations with you at Alves Law.
Understanding decision-making responsibility and parenting time is crucial to prioritizing the best interests of your child.
Your Trusted Source for Family Law Guidance in Ontario
What Is Decision-Making Responsibility?
Decision-making responsibility, often referred to as ‘child custody’ under a different term, pertains to a parent’s legal authority to make important decisions about a child’s life. It often arises in the context of separations and divorce law.
The sort of decisions included under decision-making responsibility refers to:
- Education: Selecting what school or educational program your child attends.
- Healthcare: Deciding on medical treatments and what the most appropriate healthcare plan is for your child.
- Religion: Defining what their religious upbringing will be and what spiritual practices you want them following.
- Extracurricular Activities: Being able to choose the sports, clubs, and other activities they participate in.
Between two co-parents, the issue of decision-making responsibility can lead to significant conflict.
In some cases, one parent may want to have sole authority over all major decisions, but this often requires legal intervention if the other parent is unwilling to relinquish that right. Another arrangement is joint decision-making, where both parents share equal responsibility (50/50) in making decisions about the child’s well-being. Alternatively, split decision-making grants each parent full authority over specific areas of the child’s life, allowing for a more tailored approach to parental involvement.
Parenting Time: The Time A Child Spends With Each Parent
Parenting time refers to the care and supervision provided to your child on a daily basis.When allocating parenting time, the courts will refer to what is in the child’s best interests. What is in one child’s best interest is rarely the same as another child. The following are different lens through which a court considers what is in a child’s best interests:
- The child’s age and developmental needs
- A parent’s ability to meet the child’s needs.
- The goal of promoting a strong bond with each parent.
- The child’s views and preferences.
Just like with decision-making responsibility, you have legal options with parenting time. You can advocate for your child to primarily live with one parent, but this can often lead to a contentious legal battle, so retaining an experienced child access and parenting lawyer is advisable.
Negotiating Child Custody: Things To Consider With Parenting Time
A parenting time arrangement can be created in various ways, such as through a parenting plan co-authored by the parents, a separation agreement, or a court order if the parents cannot reach an agreement.
There is also the option of a more flexible parenting time arrangement, where the schedule adapts according to the child’sneeds at any given time. While this type of arrangement can be difficult to enforce and may lead to conflict, if both parents believe they can manage it, it remains a possible option to consider.
It’s important to note that a court can deny parenting time if there’s concern that harm could come to the children, if the arrangement undermines the parent with decision-making responsibility, or if there is a risk that a parent may not return the children.
If safety concerns exist, requesting supervised parenting time may be a solution. This requires someone to be present when the parent visits the children, ensuring a safe and neutral environment. Supervisors can be friends, family members, paid professionals like social workers, or trained volunteers at an access centre.
Do You Need A Lawyer For A Parenting Arrangement?
If both parents agree on everything – whether the children will live, how time will be spent, and how decisions will be made – you might feel that a lawyer is unnecessary.
It is not a requirement of the Children’s Law Reform Act to use a lawyer to set up a parenting agreement. However, opting for an informal agreement can make enforcement difficult down the line. It also causes issues when the parties do not have the same understanding of what they have agreed to. To avoid complications and undue stress, it’s wise to consult a family lawyer who understands your legal options, such as negotiation, mediation, arbitration, or collaborative family law.
The benefits of hiring a child custody lawyer are clear.
- Knowledge Of The Law: A lawyer can help explain complex rules and laws in family court, ensuring you are fully informed of how to progress through a legal process.
- Paperwork Preparation: A lawyer can draft the necessary paperwork and evidence to confirm the decision-making responsibility and parenting time arrangement you prefer.
- Represent You In Court: A lawyer will represent you in court and give you the confidence to know that your case is being handled by someone with tact and years of experience.
DONT DELETE THIS
Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.
What happens if two parents cannot agree on a decision?
If parents cannot agree, the courts may assign the decision-making responsibility to a specific parent or stipulate that mediation or parenting coordination services are required.
Can I still see my child if my spouse has sole custody?
Yes, in most circumstances, you can. If sole custody has been granted to the other parent, you may not have decision-making authority but you still have the right to visitation and access rights which do have to be agreed upon with the parent who has sole custody at present.
Can a child choose which parent they want to live with?
Depending on the child’s age, they can express their wishes and that is a major factor in deciding decision-making responsibility and parenting time. However, it is the court’s decision. They may go against what a child prefers if it’s in the child’s best interest.
Can a non-biological parent get custody in a court dispute?
Yes, they can. If it’s in the child’s best interest and there is no biological parent the court can legally justify selecting, a non-biological parent is certainly eligible. If you are a non-parent, such as a grandparent, there are additional requirements to fulfill before you can seek a parenting order.
Can decision-making responsibility and parenting time be changed?
Yes, it is possible to request changes over a period of time. Especially if there’s a significant shift in circumstances, it is possible to alter an existing agreement with the approval of all parties.
What happens if a parent breaks the rules of the agreement?
If a parent is not adhering to parenting time, they must recognize that the terms are court-ordered. Legal options are available if the terms are not being respected to ensure that the agreement remains enforced.
How Alves Law Can Help Manage Common Challenges In Parenting Matters
There is a reason that child custody lawyers in Ontario are sought after. When it comes to children, conversations can turn into disputes and relations can get tense.
The legal professionals at Alves Law specialize in parental disputes and work diligently to resolve challenges amicably and effectively. Let us assist in resolving conflicts surrounding major parenting decisions, preferred schedules, time allocation, and other issues that arise during separations or divorces.
When you hire a family lawyer experienced in child custody, we will provide personalized legal advice tailored to your family’s unique situation.
Our team can negotiate on your behalf, facilitating parenting agreements that reflect your preferences while being realistic and workable.
Should your case escalate to court, Alves Law goes the extra mile to protect your parental rights.
.
Emma Alves
Lawyer
.
Sabrina Wang
Lawyer
.
Rachel Zuliniak
Lawyer
CTA Contact Form
Call Us For A Free Consultation On Decision-Making Responsibility And Parenting Time
Alves Law provides a free consultation to parents in the midst of a separation or divorce. Let us not only hear the unique circumstances of your case but also provide personalized advice that explains your legal options surrounding decision-making responsibility and parenting time.
Contact us today to schedule your first consultation with Alves Law at no cost and with no obligation to hire.
What Our Clients Are Saying
"...professional, knowledgeable and personable..."
Emma represented my son, and we are very happy we chose her. She took her time to make sure we were informed of all factors surrounding the case as well as stay in contact through the process to have the best possible outcome. Very professional, knowledgeable and personable, she will be top in my list for any future legal needs.
- L. S.
"...patient, smart, strategic, professional, and effective..."
Not all lawyers are sharks, some are eagles.
Emma Alves is an eagle; strong, patient, smart, strategic, professional, and effective.
- J.S.
"...truly been a pleasure..."
Emma's advice, poise, and direction have always been highly valued. I can’t explain how much I have appreciated Emma and what she does. It’s truly been a pleasure to have worked with Emma and more importantly represented by her. I really felt the partnership and that means more to me than you’ll know.
- M. R.
"...made a tough situation easy to handle..."
Thank you so much for everything! I really appreciate all your support! You made a tough situation easy to handle. Thank you for everything!
- R. L.
Stay updated
With Our Blog
Grounds For Full Custody Of Child Canada
In 2021, the Divorce Act changed. One of the changes is that the terms “custody” and “access” have...
What Happens If You Sign A Prenup And Get Divorced?
Marriages do not always last. When the relationship between spouses breaks down and they seek a...
Do Parents Have to Agree on Section 7 Expenses?
Navigating Section 7 expenses in family law can be challenging for parents. These expenses cover...