Parenting Arrangements
If you have dependent children, and both parents
have helped to raise the children during their cohabitation,
the children probably have a relationship with both parents.
As both parents usually offer resources for the children,
typically the children will be shared after separation unless
one of the parents is grossly incompetent.
The following terms are often used to describe
how the children will be shared.
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Under joint custody, the children usually
live primarily with one of the parents. |
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The children may live with each
parent during specified terms without reference to "custody".
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Sole custody may be appropriate
where the parents are unable to cooperate or the other
parent is absent.
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Reasonable access |
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- usually means alternate weekends, a mid-week visit and
a sharing of holidays
- may set out more specific terms for clarification
- is flexible to allow for changing conditions as the children
grow older
- allows arrangements depending upon what is reasonable
under the circumstances
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Generous and liberal access
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- allows more contact with the children
- may set out more specific terms for clarification
- may be appropriate where the parents are mature and on
good terms
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Specified access |
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- specifies the terms for clarification (dates, times,
restrictions, exceptions)
- may be appropriate where there are safety concerns for
the children or where the parent who does not have primary
care is unreliable
- usually has to be varied as the children grow older
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Notice (confirmation of intention
to exercise access) |
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- may be appropriate if the terms are variable or the parent
with access rights is unreliable
- if there is regular contact, notice may be required to
advise the other parent of an intention not to exercise
access
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There is a presumption of joint parenting during cohabitation,
so it may be useful to spell out guardianship rights and obligations
in a Separation Agreement. If you are able to cooperate with
the other parent for the benefit of your children, joint custody
may an option, if not, sole guardianship may be appropriate.
The following terms describe joint guardianship. Some
terms may not be appropriate for your situation.
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| 1 |
the parents to be joint guardians of the
estate of the child; |
| 2 |
in the event of the death of
either parent, the remaining parent to be the sole guardian
of the person of the child; |
| 3 |
the parent who has the primary
responsibility for the day to day care of the child will
have the obligation to advise the other parent of any
matter of a significant nature affecting the child; |
| 4 |
the parent who has the primary
responsibility for the day to day care of the child to
have the obligation to discuss with the other parent any
significant decisions which have to be made concerning
the child, including significant decisions concerning
the health (except emergency decisions), education, religious
instruction and general welfare of the child; |
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the parent who does not have
the primary responsibility for the day to day care of
the child to have the obligation to discuss the foregoing
issues with the parent who has the primary responsibility
for the day to day care of the child, and each parent
to have the obligation to try to reach agreement on those
major decisions; |
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in the event that the parents
cannot reach agreement with respect to any major decision
despite their best efforts, the parent who has the primary
responsibility for the day to day care of the child to
have the right to make such decision; |
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the parent who does not have
the primary responsibility for the day to day care of
the child to have the right, under s.32 of the Family
Relations Act, to seek a review of any decision which
that parent considers contrary to the best interests of
the child; and |
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each parent to have the right
to obtain information concerning the child directly from
third parties, including teachers, counsellors, medical
professionals and third party care givers. |
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