What are the two statutes that deal with parenting?

The Part 3 of the provincial Children’s Law Reform Act (CLRA) and Section 16(3) of the federal Divorce Act deal with parenting issues. The cases are decided the same way whether it is decided under CLRA or the Divorce Act.

How do you decide which statute applies to your case?

Parenting issues are decided under the federal Divorce Act if divorce proceedings have been started by either spouse. If no divorce proceedings have been started, parenting issues are determined by Part 3 of CLRA.

What is the governing principle under both acts?

Instead of an adversarial approach to decisions respecting the child, the “best interests of the child” determines the parenting issues. Both Acts list a number of factors that the court should consider when deciding the best interests of the child.

What is meant by the expression it is the “right of the child” in regards to parenting?

There has been a movement away from “rights of the parents” to the “rights of the child”. It is the “child’s right” to see both parents rather than the parent’s right to see the child.

How has the terminology changed in regards to parenting?

The terms “custody” and “access” have been changed to “parenting time” and “decision-making responsibility”. Parenting time is the time a child spends in the care of a parent.  Decision-making responsibility is the responsibility for making significant decisions about the child’s well-being.

What are some general principles that have developed in parenting?

• Siblings are not generally not separated
• Wishes of older children are considered
• Past conduct not considered unless it affects ability to parent

What is the most important factor in any parenting dispute? 

The status quo is the most important consideration. Parenting arrangements are not changed unless the status quo is not working.