Common Questions Regarding Decision-Making Responsibilities
At Odette Rwigamba Lawyers, we know that parents have many questions about decision-making responsibilities and parenting time after a separation or divorce. Below, we answer five of the most common questions to help you understand your rights and responsibilities under Ontario family law.
How Is Parenting Time Determined?
Parenting time is determined based on the child’s best interests. Courts consider various factors, including the child’s age, emotional well-being, and the ability of both parents to care for the child. The goal is to create a parenting plan that provides stability while ensuring both parents remain involved in the child’s life. A parenting time schedule can include shared or primary time with one parent, along with regular access for the other.
Can Parenting Time and Decision-Making Responsibilities Be Shared?
Yes, both parenting time and decision-making responsibilities can be shared if it benefits the child. Shared decision-making requires a high level of cooperation between parents, especially when it comes to making significant decisions. Similarly, shared parenting time means both parents spend substantial time with the child. The feasibility of shared arrangements depends on the parents' ability to communicate effectively and prioritize the child’s needs.
What Happens If Parents Cannot Agree on a Parenting Plan?
If parents cannot reach an agreement on a parenting plan, they can seek assistance through mediation or family law professionals to resolve the issues. If mediation fails, the matter may be brought to court, where a judge will decide based on the child’s best interests. Our experienced lawyers are here to guide you through negotiations, mediation, or court proceedings to secure the best possible outcome for your family.
What’s the Difference Between Custody and Decision-Making Responsibilities?
Ontario’s family law has shifted away from using the term custody in favor of decision-making responsibilities. While custody referred to both decision-making and parenting time in the past, the updated terminology focuses more clearly on who has the authority to make important decisions for the child.
Can Parenting Time Be Changed After a Separation Agreement?
Yes, parenting time can be modified if there has been a significant change in circumstances. For example, if a parent relocates, changes jobs, or if the child’s needs evolve, a parent may apply to the court to vary the parenting time arrangement. Our legal team can help you apply for changes to existing parenting agreements or orders to ensure they reflect current realities.
What If One Parent Denies the Other Their Scheduled Parenting Time?
If a parent denies the other parent access to their scheduled parenting time without a valid reason, such as safety concerns, it can lead to legal consequences. The denied parent can apply to the court to enforce the parenting time order. Courts may also impose penalties or adjust the parenting arrangement if one parent repeatedly obstructs access. We can help you take legal action if your parenting time rights are being denied.
What Are the Child’s Rights in Parenting Time Decisions?
Children’s views and preferences are increasingly considered in parenting time arrangements, particularly as they grow older and more mature. However, the child’s preferences are only one of many factors the court evaluates when determining the best interests of the child. The final decision must ensure the child’s well-being, stability, and emotional security.
How Can a Lawyer Help with Decision-Making and Parenting Time Issues?
Navigating parenting time and decision-making responsibilities can be legally and emotionally challenging. A lawyer can help you develop a clear and comprehensive parenting plan, negotiate with the other parent, and represent you in mediation or court if needed. Our team at Odette Rwigamba Lawyers works closely with clients to ensure their rights and interests are protected while prioritizing the well-being of their children.
