How Does a Parenting Time Work After Separation? Create a Schedule that Works for Both You and Your Child
Overview
When a divorce is inevitable and children are involved, the parents must make sure that the kids feel safe and supported, no matter what. This is an important part of their growth and self-esteem process. Parenting arrangements will decide the following:
- How much time with children each parent spends
- Where they will live
- Who will be responsible for making major decisions in their lives?
After separation, children could either live with one parent, split their time between each of their parents, or live with someone else. These arrangements put the childās safety and health first.
Typically, parenting arrangements can be ordered by the court, set out in a separation agreement, or established informally if a parenting plan is in place.
Different Parenting Arrangements
Parenting arrangements are of various types:
Decision-Making Responsibility
When an adult is given the right to make significant decisions about a childās life and well-being, it is called decision-making responsibility. This could include decisions pertaining to the childās health, education, religion and other important aspects of the child’s life. Non-parents and grandparents may also apply for decision-making responsibility.
Joint Decision-Making
Parents could be given shared responsibility for their children. This means:
- They have the joint right to make decisions about their care
- Both have to be involved in making decisions about the children
In this case, parents must cooperate with each other, even though they are not together.
De Facto Decision-Making
Your children may live with you, but you donāt possess the legal decision-making right on any of their matters. However, de facto decision-making responsibility applies when:
- You live apart from your partner, but your children live with you full-time
- Your partner has accepted the plan
In a de facto decision-making arrangement, the spouse does not have decision-making rights unless a court order or separation agreement states otherwise. Enforcing decision-making responsibilities becomes difficult if they are not clearly stated in the agreement or court order, and your partner disagrees with the arrangement.
You also get legal responsibility:
- If you and your spouse get a separation agreement saying you are the decision-maker
- When the court order states that you have a decision-making responsibility
Parenting time
The amount of time a child spends in a parentās care regardless of whether the child has physically been with you at the time. For instance, the child could have been at school. In this case, you have the right to:
- Unless the court decides otherwise and thinks it is not in the childās best interests, parenting time
- Gather information about your childās education, situation, and health
Typically, only parents apply for parenting time, and non-parents require a contact order.
Arrangements for Parenting Time
A parenting plan, separation agreement, or a court order outlines parenting time arrangements in detail. It could also state that children could be with you in another arrangement, where they would probably live (presumably) 40% of the time with each parent, which is also called shared parenting time. This could also be flexible or open and would allow you to work out an arrangement with your spouse/parent if the parenting arrangement becomes difficult to enforce. Finally, it may also not give you the privilege to participate in decision-making regarding the childās education, health, or situation. It could be because the court suspects that you will:
- Harm them
- Harm the spouse/parent with the decision-making responsibility
- Not return the child
1. Shared Parenting Time
Time with the child is shared between the parents. Shared parenting time is governed by the Child Support Guidelines. The child lives with each parent at least 40% of the time.
2. Supervised Parenting Time
This is set when there are safety concerns or when children are exchanged between partners. Supervised parenting time is arranged with another person present during visits with the children and during exchanges. The setting is typically neutral and safe.
3. Split Parenting Time
If partners have more than one child living with them for most of the time, it is split parenting time. This typically happens when more than one child is involved. The individual supervising could be a friend, relative, social worker, paid professional, volunteer at a Supervised Access Centre, or a trained professional.
Agree / Donāt Agree on Parenting Arrangements
When you agree on how the children will live, you can prepare a parenting plan outlining how each parent will spend time with the children and who will make decisions about their lives.
If you havenāt agreed on parenting time, a lawyer must be consulted to mediate or negotiate between you and your partner. Approach the court to obtain a parenting order, a legal document that outlines parenting time and/or decision-making responsibility.
Alibhai Law
Alibhai Law specializes in collaborative family law and is committed to prioritizing family needs above all else. Having represented clients at every stage of the legal process, Alibhai Law understands the unique situation each family faces and finds practical solutions that best suit them.
FAQs
Q1. What do parenting arrangements involve?
Parenting arrangements determine the duration of time the children spend with each parent, where they will live, and who will be responsible for major decisions about their lives.
Q2. What are the different parenting arrangements?
Parenting arrangements depend on decision-making responsibility. In joint decision-making, the parents share responsibility for their children, and in de facto decision-making, the children may live with one parent, but that parent may not have legal decision-making rights in any of their matters.
Q3. What are the various parenting time schedules?
Parenting times are shared, supervised, or split. When the child lives with each parent at least 40% of the time, it is shared parenting time. Supervised parenting time involves an individual supervising the exchange of children. Split parenting time happens when there is more than one child involved.
Q4. What happens when parents donāt agree on parenting arrangements?
Partners will have to arrange for a family lawyer who can negotiate an agreement and approach the court to prepare a parenting order, a legal document outlining the terms.
Q5. Where can I go to find a family lawyer?
Speak to Alibhai Law, experienced family lawyers in the Durham region, to handle your parenting agreement.
