Decision-Making and Parenting time: Balancing Best Interests and Continuity
Introduction
When it comes to determining a child’s living situation, the child's best interest is paramount. The court often has to balance the child's relationship with both parents, the extended family, and the community against the benefit of maintaining continuity in the child's life. This blog post will explore three critical factors that courts weigh in this decision-making process.
Relationship with Other Parent
The relationship with the non-relocating parent is a significant factor in these decisions. The court will consider how often the child sees the other parent and whether the parent is reliable in exercising access. It also takes into account if the parent is involved in the child's life beyond basic access, such as taking the child to the doctor, attending parent/teacher meetings, or providing care when the child is sick. If the relocating parent has strong family support in the new location and the other parent is less involved, it could strengthen the case for relocation.
Relationship with Extended Family
The presence and relationship with extended family also play a role in parenting decisions. The court will consider whether the child has extended family in the new location and the potential for developing close relationships there. It will also look at the presence and role of extended family in the current location. These considerations can influence decisions if the child is likely to maintain or establish meaningful relationships with extended family members in either location.
Child’s Community
The child's ties to their community are another crucial factor. The court will consider whether the child has strong roots in their current community through school, cultural communities, or extra-curricular activities. The child's age can also influence this aspect, as very young children may not have developed strong friendships that separation would cause serious trauma, unlike preteens or teenagers. Conversely, maintaining a relationship with a very young child may be more challenging for the non-relocating parent if they don't see them frequently.
Conclusion
When it comes to parenting decisions, courts must balance the child's best interest with maintaining continuity in their life. The child's relationship with the other parent, extended family, and community are all critical factors in this delicate balancing act. Ultimately, the goal is to make decisions that support the child's well-being and foster a stable and nurturing environment for their growth and development.
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