How Judges Make Decisions About Parenting Time and Decision-Making
When parents separate, one of the most challenging aspects to resolve is the matter of decision-making and parenting time for their children. The primary guiding principle in such cases is the "best interests of the child." This principle is enshrined in the Canadian Divorce Act and the Ontario Children’s Law Reform Act.
Factors Considered by Judges
When determining what decision-making and parenting time arrangement would be in a child’s best interests, the judge considers several factors:
The emotional bonds between the child and each person seeking decision-making or parenting time, other family members who live with the child, and any other individual involved in caring for the child.
The child’s wishes, provided they are mature enough to express them meaningfully.
The stability of the child’s present home environment and their duration in that home.
The ability and willingness of each parent to cater to the physical, emotional, and other needs of the child.
The plans each parent has for the care and upbringing of the child.
The permanence and stability of the family unit each parent can provide.
The biological or adoptive relationship between the child and each person seeking decision-making or parenting time.
The person who has been the primary caregiver until now.
Preserving Stability
Courts usually presume that the child’s best interests are served when disruption following their parents’ separation is minimized. Often, it is considered best to place or leave the child in the care of the parent who has been the child’s primary caregiver. This approach emphasizes continuity of care for the child and recognizes the importance of the daily care of the child and the bond between caregiver and the child.
Encouraging Contact with Both Parents
Most circumstances favor a child having a continuing relationship with both parents and maintaining as much contact with each parent as is consistent with the child’s best interests. Judges, therefore, also assess the willingness of each parent to encourage the child’s contact with the other parent.
Parenting Plans
Courts favor parenting plans that promote maximum contact, minimal disruption, and a reduction or elimination of exposure to conflict. These elements are crucial in ensuring the child's emotional well-being and stability.
Consideration of Past Behavior
The past behavior of a parent is not considered unless it affects their ability to act effectively as a parent. For instance, instances of violence or abuse towards any child or a member of the family or household would usually be taken into account. However, the judge would not consider which parent was to blame for the break-up of their relationship.
In conclusion, judges strive to make decisions that best serve the child's interests, ensuring they receive love, care, and stability from both parents wherever possible.
Children’s Views and Preferences:
In the emotionally charged aftermath of a relationship dissolution, determining parenting time and decision-making responsibilities can be a complex process. One aspect that is often overlooked but is crucial to consider is the child's own views and preferences.
As per legal guidelines, courts are required to consider, where possible, the "views and preferences of the child", to the extent that the child can express them, when considering an application with respect to parenting time & decision-making. It is important to understand that the weight given to a child's viewpoint varies based on their age and maturity.
For young children, their views are typically given less weight. The reasoning behind this is that young children may not fully understand the implications of their preferences. However, as a child grows older and matures, their preferences and opinions are given more significant weight, especially in the case of teenagers. This shift recognizes the growing autonomy and decision-making ability of older children.
However, it's crucial to note that the child's opinion must be genuine and free from any external influences. If the court finds that the child's opinion is the product of manipulation, coercion, or brainwashing, no weight is given to the views and preferences of the child. This is to ensure that the child's best interests are always at the forefront of any decisions made about their care and upbringing.
In conclusion, the transition from a joint household to separate parenting can be an emotionally tumultuous time. However, always remember to consider and respect the views and feelings of the child involved. Their perspectives can provide invaluable insights into what might be the best arrangements for their wellbeing.
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