“Decision-making responsibility” refers to the authority an individual may have to make major decisions for a child. Specifically, “decision-making responsibility” refers to which parent has the authority to make decisions for a child with respect to their: (a) education; (b) religion; (c) major non-emergency health care; and (d) major recreational activities. Notwithstanding the decision-making arrangements agreed to by the parties or ordered by a Court, the day-to-day decisions for a child are generally made by the party who is responsible for the child’s care at the relevant time, unless an Order or Agreement specifies otherwise.
Courts generally prefer joint decision-making responsibility arrangements when parents are able to communicate effectively and make decisions together. Where it is evident that parents are incapable of making decisions together or that one parent has historically not been involved in decision-making for a child, it is more likely that one parent may have sole decision-making responsibility. For example, where there is a restraining Order or the existence of domestic violence, sole decision-making responsibility may be a more appropriate outcome. In these type of circumstances, it is more likely that a Court would order that one parent have sole decision-making responsibility, meaning that they do not require the consent of the other parent.
“Decision-making responsibility” refers to the authority an individual may have to make major decisions for a child. Specifically, “decision-making responsibility” refers to which parent has the authority to make decisions for a child with respect to their: (a) education; (b) religion; (c) major non-emergency health care; and (d) major recreational activities. Notwithstanding the decision-making arrangements agreed to by the parties or ordered by a Court, the day-to-day decisions for a child are generally made by the party who is responsible for the child’s care at the relevant time, unless an Order or Agreement specifies otherwise.
Courts generally prefer joint decision-making responsibility arrangements when parents are able to communicate effectively and make decisions together. Where it is evident that parents are incapable of making decisions together or that one parent has historically not been involved in decision-making for a child, it is more likely that one parent may have sole decision-making responsibility. For example, where there is a restraining Order or the existence of domestic violence, sole decision-making responsibility may be a more appropriate outcome. In these type of circumstances, it is more likely that a Court would order that one parent have sole decision-making responsibility, meaning that they do not require the consent of the other parent.
The parenting schedule (which was previously commonly referred to as “access”) is the amount of time each parent spends with the child or children. Regardless of the decision-making responsibility arrangements (i.e. sole or joint decision-making responsibility), a parenting schedule is always dependent upon the children’s best interests. The factors considered by a Court in determining what is in a child’s best interests are detailed below.
When determining the parenting arrangements, significant weight is given to the principle that in allocating parenting time, a child should have as much time with each spouse as is consistent with the best interests of the child. That is, a judge or arbitrator will ensure that a child should have as much contact with each parent as is consistent with his or her best interests. To that end, the judge or arbitrator will take into consideration the willingness of the person seeking decision-making responsibility or parenting time to facilitate the other parent’s meaningful relationship with the children.
There are typically three categories of parenting schedules:
- One Parent has Primary Care of the Child(ren): Where a child lives primarily with one parent (more than 60% of the time), that parent is considered the primary resident parent and the other parent has scheduled parenting time;
- Shared Parenting: Where a child lives with each parent at least 40% of the time, the parties have a shared parenting arrangement; and
- Split Parenting: Where one child primarily lives with one parent and another child primarily lives with the other parent, the parties have a split parenting arrangement.
Within each type of the above noted parenting schedules, there are many different possible configurations. It is also important to note that the parenting schedule, and not which parent has decision-making responsibility, dictates the child support arrangements between the parties.
Section 16 of the Divorce Act and Section 24 of the Children’s Law Reform Act stipulate that in making a parenting order or contact order, the court shall only take into account the best interests of the child.
Section 16(3) of the Divorce Act and section 24(3) of the Children’s Law Reform Act set out the factors considered in determining what is in a child’s best interests, including the following:
- the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;
- the nature and strength of the child’s relationship with each parent, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;
- each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent;
- the history of care of the child;
- the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;
- the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
- any plans for the child’s care;
- the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;
- the ability and willingness of each person in respect of whom the order would apply to communicate and co-operate, in particular with one another, on matters affecting the child;
- any family violence and its impact on, among other things,
- the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and
- the appropriateness of making an order that would require persons in respect of whom the order would apply to co-operate on issues affecting the child; and
- any civil or criminal proceeding, order, condition or measure that is relevant to the safety, security and well-being of the child.
Additionally, subsection 16(2) of the Divorce Act and subsection 24(2) of the Children’s Law Reform Act provide that in considering the factors outlined above, the Court shall give primary consideration to the child’s physical, emotional and psychological safety, security and well-being.
For more information on resolving parenting issues following a separation, contact Morrison Williams to schedule a consultation and to speak to one of our family lawyers.
