Parenting Plan

When family law lawyers use this term in Ontario, they are usually talking about a multi-page document which creates a "road-map" for parents on how to deal with their child(ren) and each other after a separation.

A Parenting Plan may be authored by a variety of people. Many Parenting Plans are the result of negotiations between Mom and Dad, with the assistance of lawyers. Other Parenting Plan result from the recommendations by professionals involved, for example, in a custody/access dispute. An assessor under section 30 of the Children's Law Reform Act can be one such person. Mom and Dad might also have met with a mediator to work out the terms of a Parenting Plan and if successful, that document would contain all the agreed-to terms.

Parenting Plans in Ontario can address a whole host of issues relating to children. Here are some examples:

1. who will make decisions about major issues in the children's lives (custody).
2. where the children will live (residence).
3. if the children will live mainly with one parent, much often and when specifically the other parent will spend time with the children (access).
4. whether the parents can move with or without the children (mobility).
5. what the protocol will be if a child requires emergency care when in the care of one parent.
6. what happens when access is missed.
7. what happens if one parent cannot care for the children on their time.
8. who, other than the parents, can look after the children.
9. how holidays and special occasions will be shared.

This is not a complete list of issues covered by Parenting Plans - they differ from family to family depending on the particular needs of the children and their parents.

Some Parenting Plans, particularly in high-conflict cases, include the appointment of a Parenting Coordinator (commonly known as a "PC") - usually, this person assists the parents in resolving their disputes and depending on the parties' agreement, may have arbitral powers, meaning, they can actually be empowered to break any deadlocks and made final decisions.

A thorough, thought-through Parenting Plan is an invaluable tool for separated parents. It can help immensely on the road ahead, particularly during periods, as there are in life in general, when the separated parents are not getting along very well.

"Can I move with my child?"

That question is very difficult, virtually impossible to answer, without knowing the specific facts in your case but the initial answers would be as follows:

1. if your child's/children's other parent agrees - yes
or
2. if the Court approves the move - yes

Even non-custodial parents have the right to object to a proposed move (or a move which has already taken place, in specific circumstances) if the potential change in the child's residence would affect their contact with their child/children and no reasonable arrangements can be made to address the change in their physical relationship.

This area of family law is commonly referred to as "mobility" law and it is customary to address it in Separation Agreements, so that the possibility of a move is addressed in advance, before it takes place, and the parties turn their minds to the mechanics of dealing with the move at the relevant time. Notice periods are common.

Without question, a move from Ontario to Australia will have far greater consequences for the parent staying behind than a move from Ontario to Oakville. That being said, in two specific cases, a court may approve a move to Australia but not a move to Oakville. That is one of the reasons I said at the beginning of this post that the specific facts of your case are very, very important and relevant.

Mobility is particularly relevant to shared-residence situations - where the child/children live with each parent for at least 40% of the time - in those situations, it is particularly important that the respective parents' residences be reasonably close to one another to allow the arrangement to work effectively.

Spring is almost here....open your mind to the possibility!

photo credit: alaf.co.uk