The language surrounding custody”of children is changing. With new changes to the Divorce Act, time with children is now called “parenting time”.
There is no rule that spouses will share parenting time equally when the children separate. When the court makes an order about who the children should live with and how decisions will be made about the children, the court must only consider the best interests of the children.
The Family Law Act, sets out the factors that a court will look at when determine what is in the children’s best interests, including:
the child's health and emotional well-being;
the child's views, unless it would be inappropriate to consider them;
the nature and strength of the relationships between the child and significant persons in the child's life;
the history of the child's care;
the child's need for stability, given the child's age and stage of development;
the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities;
the impact of any family violence on the child's safety, security or well-being, whether the family violence is directed toward the child or another family member;
whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child's needs;
the appropriateness of an arrangement that would require the child's guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members;
any civil or criminal proceeding relevant to the child's safety, security or well-being.
There are a variety of different ways spouses can structure their time with their children that best meets their needs. Some parents have a week on/week off arrangement, some have a 2-2-5-5 arrangement and some have every second weekend. In some cases, both spouses or the court request a psychologist to prepare a report to help the court determine the best arrangements. These are referred to as Section 211 Reports (from section 211 of the Family Law Act) and they can range in cost.
Our Apna Law family lawyers have a wealth of experience in helping clients navigate parenting time and parental decision making both in the courtroom and in alternative resolution such as mediation and negotiation.