Temporary Parenting Order
What is covered in a temporary parenting order?
A temporary parenting order covers decision-making responsibility and parenting time.
Why do you need a temporary parenting order?
A decision must be made about the parenting of the children as soon as the parents separate since a final parenting order will not be decided until trial which could be several years away.
How do you get a temporary parenting order?
Interim parenting orders are necessary unless the parents can come to an agreement in regards to parenting. After a court proceeding has been started and parenting claims have been made under CLRA or Divorce Act, a temporary order can be obtained by doing an interim parenting motion.
Under which legislation can a temporary parenting order be sought?
Parenting is dealt with in both the Children’s Law Reform Act (CLRA) and the Divorce Act(DA)
Parenting issues are determined by the Divorce Act if either spouse has applied for a divorce; otherwise, parenting issues are determined by CLRA.
What principles are used to determine parenting issues?
Both statutes apply the same principles.
Both statutes follow the principle of the “best interests of the child”
What are the factors a judge will consider in an interim parenting motion?
The following sections list the factors to determine the child’s best interests:
- Section 24(2) of the CLRA
- section 16(3) of the Divorce Act (DA)
In addition to those factors listed, what are some other general principles that have evolved?
- Siblings are not separated
- Wishes of child are considered especially if child is older
- Past conduct of parent not considered unless impacts parenting skills
- Most important factor is the status quo. A judge will only change parenting arrangements if it is not working.
How does a judge determine a temporary parenting order?
In fact, the parent who has primary care and control of the child (de facto custody=actual custody) at interim parenting motion is generally allowed to continue this arrangement.
Why is a temporary parenting order really important?
The temporary parenting order is really important since judges are reluctant to interfere with the status quo when making final parenting orders at trial. An interim parenting order can be made permanent at trial unless it is really not working. If a court has jurisdiction to hear a divorce, it has jurisdiction to make a parenting order.