Legal Talk

More and more divorcing couples have started to use a parenting plan to act as a blueprint to regulate their parental rights and responsibilities towards their minor children. According to the Children's Act both parents remain the holders of full parental responsibilities and rights of all their children who are 18 years and younger. This remains so, whether or not the parents are married to each other. Section 33 of The Children's Act says that where parents are unable to agree on the exercise of their responsibilities and rights of the children, they must, before obtaining the intervention of the court, seek to agree on a parenting plan. Hence it's clear from the Act that parents are strongly discouraged from approaching the court first. The parenting plan should be registered with the Office of the Family Advocate or made an order of the court. What should a parenting plan contain? Well actually anything that is likely to give rise to conflict later on, should be addressed in the parenting plan. A parenting plan is tailored to take into account a client's own unique set of circumstances. All parenting plans must be premised on what's in the best interests of the child. Depending on the age of the child, a parenting plan should take into account the wishes of the child. A parenting plan should contain details as to which parent will have primary residency of the minor children, clear and concise details for the exercise of contact with the other parent, or whether custody is to be shared between the parents. Splitting of school holidays, special days, such birthdays, [both the child's as well as the parent's], mother's day, father's day, religious days and so on should be set out. An issue many parent's fail to address is the scenario where one of them moves away to another town or province and they fail to agree as to which parent would held responsible for the costs of transportation of the children. In my legal practice I've seen many instances where an ex spouse deliberately sometimes even maliciously will prevent the other parent from exercising his or her access to the minor children. The parenting plan will prevent that from happening, especially if it's made an order of court.

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