Presentation on theme: "PARENTING ARRANGEMENTS The law has substantially changed Best interests of children are the only consideration Mandatory consideration of family violence."— Presentation transcript:
PARENTING ARRANGEMENTS The law has substantially changed Best interests of children are the only consideration Mandatory consideration of family violence history and impact on children
Custody and access are out and guardianship, parenting arrangements, parenting time, and contact are in Parenting arrangements address responsibilities of guardians Parenting time addresses time each guardian will have with the children
Contact is the term which will be used in relation to time spent with children by a non guardian
Parents are each guardians when they live together Subsequent marriage of a guardian and non guardian does not automatically lead to guardianship
Only a guardian may have parental responsibilities Parenting Arrangements include both parenting responsibilities and parenting time Equality is not to be presumed in respect of parenting responsibilities
A parent who has not lived with a child is not the guardian unless one of three situations exist: a)The first exception applies under s.30 where there has been assisted reproductive issues and agreement amongst the parents, b)Where a written agreement exists between the parents for guardianship, or c)Where a parent regularly cares for a child but does not live with the child.
PARENTAL RESPONSIBILITIES Parenting responsibilities are akin to guardianship as it currently exists in that it includes decisions about: Day to day decision making Residence With whom the child shall live Extracurricular activities Education Medical dental Passport applications Spiritual upbringing
PARENTING TIME Parenting time is defined as time a guardian gets to spend with a child post separation.
Parents can enter into agreements respecting: Parenting responsibilities, Parenting time, And for resolving disputes post separation
Courts retain the right to change, suspend, or terminate orders respecting parenting arrangements Courts also retain jurisdiction over guardianship including appointment, replacement in the event of death or appointment in the event of disability- standby guardian. Over 12 and a child is entitled to oppose the appointment of a non parent as guardian. Best interests is the test.
CONTACT Contact with a Child is the lowest level of engagement Carries with it no guardianship rights or parental responsibilities All guardians must have agreed to enter into any agreement with someone who will have contact with child
ENFORCEMENT There are a myriad of provisions for enforcement of parenting time and contact and those include orders both financial and more punitive aimed at those who do not exercise parenting time or contact as agreed or as ordered by the court.
Those who deny parenting time or contact face rigorous new punitive measures as well including provision of security for performance