How to Apply for a Parenting Time Order
Parenting Time, often known as visitation, is a crucial aspect of any family law case involving minor children. It essentially determines the amount of time a child gets to spend with each parent following a separation or divorce. However, the process of applying for a Parenting Time Order can be complex and overwhelming.
What is Parenting Time?
Parenting Time is the scheduled period a child spends with each parent. This time includes everyday routines, bedtime, schooling, and special occasions. Arranging parenting time ensures the child maintains a healthy relationship with both parents, which is usually in the child's best interests.
Applying for a Parenting Time Order
A claim for Parenting Time can be included in an answer, specifically in the Answer (Form 10). This form should be checked off, and the claim should be detailed and attached as page 3 of the application. Alternatively, if the issue has not previously been dealt with in a final order, it could be the subject of a separate application, known as Application (General) (Form 8).
A joint request for a parenting time order can also be made if both parties agree on the terms but wish for it to form part of a court order.
If the issue of parenting time has been previously dealt with and the terms form part of a final order or agreement, it is necessary to bring a claim for access in the form of a Motion to Change (Form 15) or a Response to Motion to Change (Form 15B).
When to Apply for a Parenting Time Order
In situations where there is no agreement about the terms of access, such as the frequency or duration, a motion should be launched as soon as possible to obtain an order for interim access. This is so that the commencement of access is not delayed until the application or the motion to change is finally determined or an agreement is reached.
The Importance of Affidavits
Any application or motion that contains a claim for access must be served and filed with a sworn Affidavit in Support of Claim for Custody or Access (Form 35.1). Failure to complete, serve and file this form as required will prevent the filing of the application or motion that contains the claim.
It's crucial to ensure all information provided in the Affidavit is accurate and up-to-date. If there are any inaccuracies, it is the client’s obligation to immediately correct and/or update them, either by serving and filing a new Form 35.1, or, if the correction or change is minor, an Affidavit (General) (Form 14A).
In conclusion, applying for a Parenting Time Order is a significant step in ensuring the child's best interests are kept at the forefront of all decisions. Understanding the process, the necessary forms, and legal requirements can help make this potentially stressful journey a bit smoother.
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