Parenting & Custody

Parenting and custody can be the most stressful issues after separation, but we are here to help. Parenting means physical time a parent spends with the child(ren). Custody means decision making powers with respect to the child(ren). It is always encouraged that the parties keep the child’s best interest in mind by responsibly co-parenting and communicating in an amicable manner. 

There are many resources available for separated parents that can help with parenting

– please see Parenting After Separation.

There are three classifications of parents:

• Primary parent: who has the child more than 60% of the time;
  
• Visiting parent: who has the child less than 40%; and
  
• Shared parent: who has the child more than 40%.
  

More on parenting and custody:

Retaining a lawyer does not mean you will end up in Court. We can assist you with drafting a parenting plan that can be filed with the Court by way of consent. We take pride in our ability to conduct thorough and strenuous negotiations to reach an agreement without the Court’s intervention. Our team can assist you by recommending the best approach dependent upon your unique circumstances.

Negotiated settlements typically offer the best overall outcomes. Settlements often reduce costs and stress levels and can preserve relationships. This is especially important where young child are involved – as it is critical to ensure effective communication with your partner for the years to follow.

However, if you need to go to Court, you can be assured our team as the knowledge and experience to represent you.

Parental responsibilities:

• Make day-to-day decisions
  
• Have day-to-day physical care and supervision of the child
  
• Decide where your child will live
  
• Decide who your child will associate with
  
• Apply for passports
  
• Receive information from others about your child including health and education updates
  
• Make decisions about your child's education, religious upbringing, extracurricular activities, healthcare, and other important issues
  
• You can share or divide parental responsibilities in a way that works best for your child
  

Parenting time:

• The time each parent spends with the child
  
• Parenting time includes making day-to-day decisions about and being responsible for the care and supervision of the child
  
• Parenting time is decided on the basis of the best interests of the child
  
• Time is equally shared between the guardians
  
• The child lives only with one guardian
  
• Anything in between

Guardianship

Guardianship is viewed as parental responsibilities. After you separate, both parents continue to be guardians but need to establish how each parent will continue making decisions about the child. The law does not assume that any specific arrangement is in the child's best interests after separation nor does the Court system assume that equal parental responsibilities are in the child best interests.

Parenting and Custody FAQ's