Child Custody and Parental Agreements

If you are going through a separation or divorce and have children, it is critical that you work out parenting plans and custodial issues. Parents must decide and make suitable arrangements for,

where the children will reside once the parents decide to separate
how much time will they spend with each parent and how often.
Who will be responsible to making major decisions concerning the well being of the children.

Custody of the children can be decided in several ways after a divorce or separation. In Ontario there is no predetermined or set age at which children can decide which parent they wish to live with.

A child or children can either,

Live with one parent
Spit their time between both parents, (it does not have to be 50/50)
Live with some other close relative.

During a separation or divorce, a child’s preference will be considered and given weight, depending on the child’s age and maturity. The courts will treat each case and each child individually after a separation or divorce. The courts will make decisions based on what is in the best interest of the child test, regardless of age or preference.

Parenting arrangements

Parents do not need to go to court to make parenting arrangements. Parents don’t even require a written agreement for parenting arrangements. During a separation or divorce both parents can agree to an informal plan which they will both abide by.

The best and most effective method if parents wish to have a formal and written arrangement is through a separation agreement. In the separation agreement the separating or divorcing parents can agree to variety of parental arrangements, which are in the best interest of all parties involved. It is always better to communicate with each other and your children during this very difficult time.

If the separating or divorcing parents are unable to reach an agreement, they will most likely appear before a judge and a court will decide based on what is in the best interest of the child. This is known as a court ordered arrangement.

Decision Making

During a separation or divorce, parents still need to make decisions about the child’s life and wellbeing.

The major decisions involving children, usually deal with health, education, and religion.

Once again separating or divorcing parents do not need a formal decision-making document which outlines their roles and responsibilities. The parents can agree informally.

The parents can set out their decision-making responsibilities in a separation agreement. This will allow the separating or divorcing parents to outlining the decisions making responsibilities in a formal document. A separation agreement will further provide the parents to set a time lime for when they can revisit the agreement and make changes. Children will grow and their needs will change. It always better to place a re-negotiating clause in your separation agreement so you can renegotiate if circumstances change.

Types of Decision-Making Responsibilities

Sole responsibility

This is where one parent makes decisions about the children. The other parent may or may not have any access to the children or be part of the decision-making responsibilities.

Joint Responsibility

This is when both parents make decisions about the children. This does not mean that both parents have access to the child or share joint custody.
The children can live with one parent full time, but the other parent can and will be involved in making all major decisions.
Joint access or joint custody are not necessary to make joint decisions.

Split Decision-making responsibility

This type of responsibility usually takes place when there is more than 1 child involved.
The parent which has access or custody will make decisions.
For example, if there are 2 children and one lives with the mother and the other resides with the father. Each parent will make decision for the children residing with them. It is not necessary to have the consent or input of the other parent.

It is always recommended that you consult a lawyer before making any major or minor decision. Always understand your rights and responsibilities so you can make an informed decision.

We provide a 15 minute free consultation and you can always call us with your questions.

We look forward to assisting you and wish you all the best.