Parenting Time Principles for Parents in Ontario
Parenting time is a crucial aspect of any family law case involving children. It refers to the time a child spends with each parent following a separation or divorce. But how is parenting time determined in Ontario?
Statutory Laws Governing Parenting Time
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.
The "Best Interests" Test
Fundamentally, any application for parenting time is determined based on what is in the best interests of the child. The Supreme Court of Canada has emphasized that the “best interests” test is not just the paramount test, but the only one. This means the interests of the parents have no role in this equation.
This basic test is found in both the Divorce Act and the CLRA. They both provide that the merits of an application for parenting should be decided based on the child's best interests.
Elements of the "Best Interests" Test
The CLRA provides some legislative guidance on what factors the court should consider to determine a child's best interests. These include the love, affection, and emotional ties between the child and each person involved in the child's care and upbringing, the child’s views and preferences (if they can reasonably be ascertained), the length of time the child has lived in a stable home environment, and the ability and willingness of each person applying for custody to provide the child with guidance, education, and the necessaries of life.
In addition, the court considers the plan proposed by each person applying for custody for the child’s care and upbringing, the permanence and stability of the family unit with which it is proposed that the child will live, and the ability of each person applying to act as a parent.
Parenting Time: A Child's Right
Contrary to common belief, parenting time is not a parental right but the right of the child. It is almost always considered in the best interests of the child for the child to have parenting time with each parent.
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