Open main menu

Clicklaw Wikibooks β

Changes

Changing decision-making responsibilities and parental responsibilities
<blockquote><tt>A child's guardian may apply to a court for directions respecting an issue affecting the child, and the court may make an order giving the directions it considers appropriate.</tt></blockquote>
It's also important to know, however, that the Court of Appeal, in a 2017 case called [https://canlii.ca/t/hnw49 N.R.G. v G.R.G.], said that the primary responsibility for making decisions affecting children belongs to the children's guardians and that it will not always be appropriate for the court to assume that this responsibility:
<blockquote>[40] On our reading of s. 41, decisions about activities, phone calls, electronic communications, attendance at school events, and other such daily aspects of children’s lives are within the meaning of “parental responsibilities”. The scheme thus envisages that only guardians may make such decisions (s. 40), although the court may order the allocation of those responsibilities to, and determine the means for resolving disputes between, the guardians as it deems appropriate (s. 45). One means for resolving disputes may be, for example, an order for a parenting coordinator (who is limited in the role he or she may play by ss. 17 and 18). Another means is an application by either guardian under s. 49 for directions. No doubt there will be occasions in which the court is called on to resolve a dispute about a particular matter, and can do so under ss. 45 and 49, or can manage certain matters through tools in the Child Support Guidelines such as s. 7. In the end, however, we consider that the Act expects parental responsibilities to be assigned to a guardian or guardians, or be guided by a parenting coordinator, rather than having the judge make the specific decisions at first instance. In other words, the Act does not contemplate that the details of parenting will be directed by the court; the legislation does not provide for the court to step into a guardian’s role.</blockquote>