What is a parenting plan?
A parenting plan is an agreement between parents after separation which covers both decision-making responsibility (custody previously)and parenting time (access) taking the best interest of the child into account. This plan ensures that important decisions on the well-being of the children are/can be made by both parents.
A parenting plan is usually required when parents are not living with each other and are living separately in separate homes. It can be an informal arrangement between the parents or a part of a separation agreement or court order. If informal, they are difficult to enforce.
What is contained in a parenting plan?
This agreement or parenting plan can contain anything as long as it is in the best interest of your children whether it concerns health, education, appointments, etc. If there are cases where parents cannot agree on such a plan, they can use Alternative Dispute Resolution (ADR), which is typically a process that allows the parents to come up with an alternative way to resolve any issues without taking the matter to court.
A parenting plan contains information regarding the child or children’s health, well-being, and education. It also can contain any decisions that need to be made by each parent regarding scheduling, appointments, and communication between the parents. It can further include details and other ways or methods that can be used to improve your child’s overall well-being (while parents are divorced or separated) by considering psychological factors, emotional factors, and physical factors.
How can a parenting plan be made?
There are many different ways a parenting plan can be constructed:
The first way is to make the parenting plan together. This means that divorced parents or separated parents can talk to each other and make a plan themselves.
Other ways to make a parenting plan can be done through a lawyer or any family law professional. Some examples of family law professionals include collaborative family lawyers, mediators, arbitrators, etc.
Which Acts govern a parenting case?
The same principles apply whether the case is decided with the Children’s Law Reform Act (CLRA) (for common-law or married not divorcing) or the Divorce Act (DA) (for married getting divorced).
Under both statutes, the issue of parenting is determined on the “best interests of the child”.
The CLRA lists factors when deciding best interests in section 24(2) while the DA does in section 16(3).
If parents have to go to court, what do judges consider in regards to a parenting plan?
A parenting plan can be made by going to court if there is a disagreement between parents. The court can interfere and create a plan that’s in the best interest and well-being of the children. This plan will be created by looking at and considering a few things. For example, the judge who will create the parenting plan will look at a few things considering parenting time. What this means is that the judge will allow the child(ren) to have relationships with both parents after creating the plan, but will tailor the plan to the needs of the child. This does not guarantee that each parent will have an equal time distribution.
The judge’s decision will make will be based on several factors. For example, the judge will look at:
- the emotional state of the child(ren)
- their physical state which includes their well-being and psychological state
- what relationship the child or children have with each parent,
- how each parent cares for their child(ren),
- how the parent will provide for them and raise them
- what the child wants if they are able to express his/her point of view and desires.
Does abuse or family violence affect parenting plans?
The law requires that a judge must take into consideration if your spouse has ever been abusive to you or the children.
What are parenting assessments?
Assessments are professional opinions that the judge will consider regarding where the children should live and when they will see the parent the children do not live with.
What can judges order in terms of an assessment?
The parents might be told by a judge to get a “private assessment” or a “court-ordered assessment”. The two “court-ordered assessments” are section 30 assessment or OCL report by Office of Children’s Lawyer.
What is the right of first refusal?
The right of refusal is a provision included in the parenting plan agreement which allows a parent to take care of their kids if the other parent is unable to during their schedule’s parenting time for any reason. So before the parent who is unable to take care of their children hires a babysitter or makes other arrangements to watch the kids, they need to let the other parent know and allow them to take care of the children. This allows the child to spend time with either parent instead of a third party.
What is the Parenting Planning Guide?
This Parenting Plan Guide is a guide prepared by the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-Ontario) to help parents and their professional advisors to develop a realistic child-focused parenting plan. It includes suggestions intended to help develop a plan to raise children including tips to improve communication between parents who have separated or never lived together. The central theme is that all decisions must be in the best interests of children. To achieve this, strategies encourage cooperation and minimize conflict between parents, and encourage each parent to have a significant relationship with the child.