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Parenting Apart

30 bytes added, 22:05, 27 September 2022
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==Developing parenting arrangements==
The terms the legislation uses to describe the plans that are made by parents and judges make about children are a bit of a mess. Under the provincial ''[[Family Law Act]]'', "parenting arrangements" are arrangements about parental responsibilities and parenting time made after separation, whether those arrangements are in an agreement or in an order. "Parenting arrangements" doesn't include agreements and orders about contact. I suppose those would be called ''contact agreements'' and ''contact orders'', although the legislation doesn't say so. Under the federal ''[[Divorce Act]]'', a "parenting order" is an order about decision-making responsibility and parenting time, and a "contact order" is an order about contact just like you'd expect. A "parenting plan," on the other hand, is the part of a written agreement about decision-making responsibility, parenting time, or contact. "Parenting plan" doesn't include arbitrators' awards or judges' orders.
What's important, really, is that everyone understands what you're talking about. Although there are important differences between agreements and orders, call the plans for the care of your children after separation whatever you'd like. No one's going to get hung up on the fact that you talked about a parenting plan rather than parenting arrangements or a parenting order as long as you're clear about whether you're talking about an agreement you've made with your former partner, an award made by an arbitrator or an order made by a judge.
In this section, we'll use ''parenting schedules'' to talk about the allocation of parenting time between parentsguardians, and ''parenting arrangements'' to talk about the distribution of both parental responsibilities and parenting time between parentsguardians, following the approach taken in the ''Family Law Act''.
===Parenting schedules===
The absence of any presumptions about parenting schedules in the legislation, whether for shared parenting time or something else, is intentional. Both the ''Divorce Act'' and the ''Family Law Act'' say that decisions about children are to be made considering only their best interests. As a result, parents, arbitrators and judges have to think about is what is best for the particular child in the particular circumstances of their particular family, not what is generally best for children. This is what Justice McLachlan said in [https://canlii.ca/t/1fr99 Gordon v. Goertz], an important 1996 decision of the Supreme Court of Canada:
<blockquote>"The argument that a presumption would render the law more predictable in a way which would do justice in the majority of cases and reduce conflict damaging to the child between the former spouses also founders on the rock of the ''Divorce Act''. The Act contemplates individual justice. The judge is obliged to consider the best interests of the particular child in the particular circumstances of the case. Had Parliament wished to impose general rules at the expense of individual justice, it could have done so. It did not. The manner in which Parliament has chosen to resolve situations which may not be in the child's best interests should not be lightly abjured. Even if it could be shown that a presumption in favour of the custodial parent would reduce litigation , that would not imply a reduction in conflict. The short-term pain of litigation may be preferable to the long-term pain of unresolved conflict. Foreclosing an avenue of legal redress exacts a price; it may, in extreme cases, even impel desperate parents to desperate measures in contravention of the law. A presumption would do little to reduce the underlying conflict endemic in custody disputes."</blockquote>
When it comes to parenting schedules, what parents, arbitrators and judges have to decide is what is best for the children in light of the best-interests factors set out at section 16 of the ''Divorce Act'' or at sections 37 and 38 of the ''Family Law Act''. Sometimes this winds up being a shared parenting schedule, sometimes it doesn't. Among those best-interests factors, some of the more important are:
*the age and maturity of the child, and their ability to be away from a parent, especially for younger children and children who are being breastfed,
*the child's need for stability, especially for younger children and children with special needs,
*the views and preferences of the child, especially for children who are old enough to have an opinion and understand how their parents' separation , and their own preferences , might impact their lives,
*the pattern of the parents' usual time with the child when they were still together,
*each parent's ability to care for the child, including the presence of any family violence,
A lot of the templates you'll see will offer variants based on the parenting skills of each parent. This is an important consideration when you're thinking about the schedule that is most likely to be in the children's interests. While there are many families in which the parents split the task of parenting fairly evenly and both have excellent parenting skills, there are others in which one parent takes on most of the work involved in raising the children, and there are many perfectly good reasons why this might be the case. However, it's not always fair to measure parenting skills based on how the work involved in parenting was split during the relationship. The parent who did the least parenting might, for example, have had a job that supported the family and occupied most of their time, but might otherwise be or want to be an engaged and committed parent. It's important to think about the actual parenting skills of each parent, not just how they divided up parenting responsibilities before separation.
Parenting schedule templates will offer additional variants based on the age of the children. There are many good reasons for this too. A child who is being breastfed won't be able to be away from their mother for very long, and the sort of parenting time the other parent will have will usually need to be short but frequent. A toddler is better able to handle being away from a parent for an extended period of time, say one or two days, but will need to see both parents frequently. A child who is starting school suddenly has a schedule that's got nothing to do with their parents, and a child who is leaving elementary school will not only have homework and extracurricular activities that need to be taken into account, but the beginnings of a social life that is going to become increasingly important to them as they get older. A teenager's social life will be in full bloom and it may be more important to teenagers that they spend time with their friends and in their extracurricular activities than with their parents. The reality is that parenting schedules ''have'' to change based on the age of the child and, eventually as teenagers, on their preferenceswishes as well. The schedule that works for a toddler won't work for a kid in Grade Two, and the schedule that works for a kid in Grade Two won't work for a kid in Grade Eight. That's just how it is.
====Schedules for children without shared parenting====