Parenting Decision-Making

Parenting decision-making and child custody in Toronto

When parents separate and share children who are minors, deciding parenting decision-making responsibility and parenting time can be emotionally intense. Although each parent may have a preference, the ultimate goal is always the welfare of the children. This involves factors such as the potential for relocation, the need to preserve stability for the child, and any concerns about abuse or neglect.

Parenting decision-making responsibility used to be called custody, and parenting time used to be called access. Arrangements can be informal, part of a written agreement, or ordered by the court.

Decisions parents make when they separate

• Where will the child live?
• Who will make major decisions about the child?
• How much time will each parent spend with the child?

Who will the child live with?

A child's living arrangement can be anything that is in their best interests. Some children of separated parents live mainly with one parent, and some divide their time between both.

What is decision-making responsibility?

This is the right to make important decisions about how to care for and raise a child, for example decisions about:

• Education
• Religion
• Health care
• Important extra-curricular activities

Decision-making responsibility can be divided in a few ways: one parent may have all of it, two or more parents may share it, or different parents may be responsible for different areas, such as one for health and another for religion.

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Parenting time vs. decision-making responsibility

These two terms are often used interchangeably but have distinct legal meanings. Parenting time is the actual time a child spends in the care of each parent. Decision-making responsibility is a parent's authority to make significant decisions for the child, such as in health care, religion, or education. Parents may share parenting time equally while only one holds primary decision-making authority.

The principle of maximum contact

Canadian law strongly supports the principle that children should have as much contact as possible with both parents, as long as it is in their best interests. Factors like geographical distance can affect this, leading to arrangements that maximize the child's time with each parent under the circumstances.

Decision-making and parental alienation

When relationships are high in conflict, communication can become difficult and parenting issues can turn contentious. It is important to avoid disparaging the other parent in front of the child, a behavior known as parental alienation. This harms the child's relationship with the other parent and can carry significant legal consequences, including the potential loss of parenting time.

How parenting plans are decided

Parents can try to agree on a parenting plan on their own, with the help of a lawyer, or with a family law professional who works in alternative dispute resolution (ADR), such as a mediator, arbitrator, or collaborative family lawyer. ADR may not be suitable in situations of domestic abuse or where there is a power imbalance.

Going to court

If parents cannot agree, they can go to court for a parenting order. Judges decide decision-making responsibility and parenting time using the best interests of the child test. Judges usually assume it is better for a child to have a relationship with both parents, though this does not mean equal parenting time. Some of the things judges look at are:

• the child's physical, emotional, and psychological safety, security, and well-being
• the relationship between each parent and the child
• how long the child has lived in a stable situation
• each parent's plan to care for and raise the child
• the child's views and wishes, where they can be determined

Judges must also consider any family violence and its impact on a parent's ability to care for a child. Family violence can be physical, sexual, psychological, or financial abuse.

Assessments

Sometimes a judge wants an independent professional's opinion about what is in the best interests of the child. This is called an assessment. A judge may order the parents to get a private assessment, or ask the Office of the Children's Lawyer to prepare a report. Parents can stop the court process at any time by reaching an agreement.

Travelling or moving with a child

Before travelling with a child, check your agreement or court order to see whether you need the other parent's permission or must share travel details such as flight information and contact numbers. To avoid problems at the border, it is safest to carry a travel consent letter signed by the other parent, along with a copy of any agreement or court order dealing with travel.

A parent can usually move with a child if the move is not likely to have a big impact on the child's relationship with another person who has decision-making responsibility or parenting time. If the impact is likely to be big, the law calls it a relocation, and the parent usually needs the other parent's permission or a court order, and may have to give formal notice of the plan to move.

Why choose Sarbazevatan Law

Sourena Sarbazevatan has helped many clients craft parenting plans that prioritize children's best interests while protecting parental rights, aiming for amicable resolutions wherever possible. He understands both the legal landscape and the cultural nuances that affect family dynamics, and serves English and Persian-speaking families alike.

Key areas of focus

• Child custody: arrangements that serve the best interests of your children.
• Access rights: fair and practical parenting time schedules.
• Parenting plans: detailed agreements covering all aspects of parenting responsibilities.

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