CHILD DECISION MAKING & PARENTING TIME
By law in Ontario, both parents have equal rights of parenting time and decision-making authority for their child. However, once a separation or divorce occurs, parents must arrange for the division of their child’s decision-making responsibility and parenting time. These arrangements will directly impact your children’s lives and affect their upbringing. Our team at K Deol Law Professional Corporation has immense experience with family law cases relating to child decision-making responsibility and parenting time. If you are looking for strong and pragmatic legal advice in Brampton, Ontario, you can call us! We can help you comprehend all the legal details and procedural processes of any family law case. K Deol Law is a passionate and diligent team that works to achieve results.
What is Decision Making?
Decision-making is a new terminology that has come into effect with the Divorce Act changes on March 1st, 2021. Parents who do not live together have to decide how much parenting time they each get to exercise and who will be making decisions for the children. The following are the ways Decision Making responsibility can be assigned in Ontario:
- Sole decision making: A parent with sole decision-making has the legal authority and responsibility to singularly make all major decisions concerning the child, including religion, education, healthcare, etc. Typically, children reside with the parent who has sole decision-making responsibility. Sole decision-making responsibility commonly occurs in cases where there is serious parental conflict present; This includes concerns of violence, demonstrated poor judgment, alcohol or drug abuse, and mental illness. Sole decision-making responsibility is exercised to reduce the risk of harm in the child’s life. Each parent may solely be responsible for one aspect of the child’s life (i.e. religion) while another parent has sole decision making for other aspects of the child’s life (i.e. health and education)
- Joint decision making: Parents with joint decision-making both legally have equal responsibility in making all major decisions concerning the child, including religion, education, healthcare, etc. In this case, neither parent has the right to make any decisions for the children’s care singularly – they must be made together. Joint decision-making is most effective when there is little to no conflict present between the parents or when parents can easily reach mutual agreements. Regardless of the joint decision-making, the child may still primarily reside with only one parent.
- Shared Parenting time: Shared decision-making responsibility involves the division of time the child will spend with each parent on a near equal basis. Parenting time is essential in determining the child support obligations. Shared parenting time requires the child to live with each parent for at least 40% of the time.
- Primary Residency: Primary residence is where the child resides primarily with one parent. This is where the child spends the majority of their time and at a minimum of over 40% of their time.
What is Parenting Time?
Parenting time is a parent’s right to see their children. If one parent is granted sole decision-making responsibility, parenting time is granted to the other parent. If the parents have joint decision-making responsibility, parenting time can be granted to the parent with whom the child does not primarily reside. Parenting time is also known as visitation.
These are sensitive matters that will have lasting impacts on your family. The K Deol Law team can help you create and propose a thorough parenting plan. If parents can not come to an agreement on a plan, our experts can help support your case in a court of law. Give us a call to speak with a K Deol Law representative to find out more.
