Frequently Asked Questions
Parenting Arrangements for Children
What is decision-making responsibility?
Decision-making responsibility means the responsibility for making significant decisions about a child’s well-being including issues like a child’s health, education, religion, culture and important extra-curricular activities. Decision-making responsibility used to be called custody.
Who has the right to have decision-making responsibility?
Both parents of a child have the right to decision-making responsibility for a child.
What is sole decision-making responsibility?
A parent who has sole decision-making responsibility or authority, has the right to make important decisions about a child’s well-being including decisions about health, education, culture, language, religion and spirituality, and important extra-curricular activities. The other parent has the right to request and receive information about a child’s well-being, health and education.
What is joint decision-making responsibility?
This means that both parents together make important decisions about a child.
What is divided decision-making responsibility?
This means that each parent can make decisions about different things. For example, one parent can make decisions about a child’s healthcare and the other parent can make decisions about their education.
What is parenting time?
Parenting time means how much time a child will spend in the care of a parent and this may include time during which the child is not physically present with the parent. Parenting time used to be called access.
What is contact?
Contact is the court ordered time that a child spends in the care of someone other than their parent, such as a grandparent, or other relative. It may include time that the child is not physically present with the person.
Which parent will a child live with when their parents separate?
If a child’s parents separate, both parents have the right to decision-making responsibility. The parents can decide where the child will leave and who will make important decisions about the child.
Is a court order required for parents to have decision-making responsibility?
No. Parents do not have to get a court order to decide on decision-making responsibility. Parents who have a family law issue must use a family dispute resolution process like mediation to help them settle the issue, unless it would not be appropriate to do so, such as if there has been abuse or violence or one parent is afraid of the other parent.
What is family dispute resolution?
Family dispute resolutionis an out-of-court process that can be used to settle a family law issue like parenting arrangements for children. Mediation, negotiation, collaborative law and arbitration are different types of family dispute resolution.
How does a court decide who a child should live with?
In deciding who a child should live with or any other issue concerning a child’s well-being, the judge will consider the child’s best interests by using a legal test called the best interests of the child.
What does the best interests of the child mean?
Best interests of the child is a legal test that is used by the court to make decisions about parenting arrangements for children. When using the test, the court must look at the needs and interests of the child. The court will look at the things that most affect a child’s health and well-being.
Will the court ask the child what their wishes are?
When the court is asked to make a decision about decision-making responsibility, parenting time or any parenting arrangements, the court will consider the needs of the child including their views and preferences. Judges will usually consider a child’s wishes or preferences if the child is older and more developed emotionally.
Can a child decide which parent they want to live with?
In general, a child cannot make a decision about which parent they would like to live with. The court will use the best interests of the child test to decide who the child will live with. If a child is older and more developed emotionally, the court will take their views and wishes into account. It is only in rare cases that a court will decide about decision-making responsibility or parenting time for children who are 16 or older.