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Parenting Time Principles for Parents in Ontario
In Ontario, parenting time rules are primarily outlined in two statutes: the Children’s Law Reform Act (CLRA) and the federal Divorce Act. Both statutes share similar principles, with some differences such as who can apply for parenting time.
It's important to note that parenting time should not be sought under the Family Law Act, which primarily deals with support, financial, and property-related matters rather than parenting time.
Emergency Exceptions for Parenting Time
Emergency exceptions refer to situations where the court deems there is an urgency or hardship, or for some other reason in the interests of justice, a case conference is not required. This means that a motion can be brought on an emergency basis, bypassing standard procedures. But what constitutes an 'emergency'?
Denial of Parenting Time
Denial of parenting time refers to situations where a parent doesn't allow the other parent to spend time with the child, as previously agreed upon or ordered by the court. It's important to note that neither the Children’s Law Reform Act, R.S.O. 1990, c. C.12 (the “CLRA”), nor the Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, contain any specific provision for denying access.
Suppose a parent believes that it's not in the child's best interests to spend time with the other parent. In that case, they should seek a Decision-Making/parenting time order with a no-parenting-time provision or with a parenting time order in their discretion provision. However, this is rarely granted and only in circumstances where there is clearly no benefit to the child to have parenting time with the other parent.
Parenting Time for Pre-Teens and Teenagers
As children approach adolescence, their relationships and interactions with their parents naturally evolve. The transition from childhood to adolescence often involves spending less time with parents and more time with peers. This reality remains unchanged, whether a child’s parents are together or separated.
Parenting Time for Primary School-Age Children
As a child grows and begins attending daycare or school, the dynamics surrounding parenting time must adapt to this new phase of life. The child's world starts to expand beyond the confines of their parents, and their daily routine and activities significantly increase. This shift has a considerable impact on the available parenting time, making it a topic worth exploring.
Navigating Parenting Time
Parenting time, also commonly known as visitation, is a vital component of any family law case involving minor children. It can be a complex, sensitive issue, especially when parents are young or inexperienced.
Decision-Making and Parenting Time in Family Law
When parents separate or divorce, decisions regarding their children's welfare become a crucial topic. These decisions primarily revolve around 'decision-making responsibilities' and 'parenting time.' Understanding these terms is important for any parent navigating a separation or divorce process. Let's delve into these concepts and unpack them.
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.
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