Parenting

Overview

When children are part of a divorce, the parents have a responsibility to continue acting in the best interest of the children during and after the divorce. As such, the parties will need to agree on a parenting plan that sets out the terms of the Parenting Time and Decision-Making Responsibilities related to the children. Formely known as “Child Access”, parenting time is the amount of time that the children spend in the care of the parents, and decision-making (formely known as “Child Custody”) is the responsibility to make important decisions about the well-being of the children. Parenting plans are unique to each situation and must focus on the best interest of the children.

Parenting Time

• Shared – The children spend at least 40% of the time with each parent.
• Majority – The children spend more than 60% of the time with one of the parents.

Decision-Making

• Sole – One parent can make parenting decisions without the need to involve the other parent.
• Joint – Both parents make parenting decisions together.

Common Issues

• Decisions – Ensuring decisions are made based on the children’s well-being, including physical, emotional and mental health as well as safety, education, religion, cultural, extra-curricular activities.
• Schedules – Determining fixed or flexible schedules to accommodate visits during weekdays, weekends, school calendars, holidays, vacations etc.
• Contacts – Adding other family members or friends to schedules.
• Assessments – Obtaining expert reports from other professionals to help determine the details of a parenting plan.
• Relocation – Addressing situations where one of the parents wants to move with the children outside the city, province, or country.
• Variations – Changing existing court orders or agreements.
• Supervision – Addressing situations where the presence of a third-party is required when the children spend time with the parent(s) or during exchanges between the parents.
• Child Abductions – Addressing situations when the children may be taken without the permission of the parent(s) and/or not in accordance with the parenting plan.

How We Help

We can recommend the most appropriate legal method for your unique situation and represent you during the entire legal process. Family law is complex and hiring one of our family lawyers can help avoid costly errors while increasing your chance of success with your case.