Ensuring the Needs & Interests of the Child
At Odette Rwigamba Lawyers, we understand that decisions about child custody and access are some of the most sensitive and emotional aspects of family law. Ensuring that the needs and best interests of the child are met is always the priority. Whether you are working towards a parenting agreement or need representation in court, our experienced family lawyers provide the support, guidance, and advocacy you need.
Child Custody or Decision-Making Responsibilities and Parenting Time Definitions
Ontario has replaced the terms custody and access with decision-making responsibilities and parenting time to reflect a child-focused approach. However, many people still refer to these arrangements as custody and access.
- Decision-making responsibilities refer to a parent’s authority to make significant decisions for the child, including matters related to health, education, and religion.
- Parenting time refers to the time each parent spends with the children.
These changes emphasize the importance of shared responsibility and the child’s relationship with both parents, moving away from the concept of one parent “winning” custody.
Types of Parenting Arrangements in Ontario
Ontario recognizes several types of parenting arrangements, including:
- Joint Decision-Making Authority: Both parents share decision-making responsibilities for the child and must cooperate to make major decisions.
- Sole Decision-Making Authority: One parent has the authority to make all major decisions for the child, although the other parent may still have parenting time.
- Shared Parenting Time: Both parents share significant parenting time, typically with each parent having the child for at least 40% of the time.
- Split Parenting Time: If there are multiple children, each parent may have primary care of one or more children, depending on what is best for the children involved.
Our lawyers help parents negotiate and establish parenting arrangements that are in the best interest of the child[ren] and the family’s unique circumstances.
How Are Decision-Making Authority and Parenting Time Decided?
When parents cannot agree on how to make decisions affecting their children and or parenting time arrangements, the court will decide based on the best interests of the child. Courts consider a variety of factors, including but not limited to:
- The child’s emotional well-being and physical health.
- The child’s relationship with each parent and any siblings.
- Each parent’s ability to meet the child’s needs and provide a stable home environment.
- The wishes of the child, depending on their age and maturity.
- The parent’s ability to cooperate and communicate with each other regarding the child’s care.
- Whether there is any history of domestic violence or abuse.
Our family lawyers provide skilled representation to ensure that your rights are protected and that the final arrangements reflect your child’s best interests.
Parenting Plans and Agreements
A parenting plan is a written agreement between parents outlining how they will share parenting responsibilities after separation. It typically includes:
- A schedule for parenting time and holidays.
- How decision-making responsibilities will be shared.
- Arrangements for exchanging the child between parents.
- A process for resolving disputes if disagreements arise.
Our lawyers assist parents in negotiating comprehensive parenting plans that are practical, fair, and legally enforceable. A well-prepared plan reduces the likelihood of future conflict and ensures that both parents remain actively involved in the child’s life.
Modifying Decision-Making Authority and Parenting Time Arrangements
Decision-making authority and parenting time agreements or court orders are not set in stone. Either parent can apply to modify the arrangement if there is a significant change in circumstances, such as:
- A parent relocating to a different city or country.
- A change in the child’s needs or preferences.
- Changes in a parent’s work schedule or financial situation.
- New concerns about the child’s safety or well-being.
Our legal team helps clients apply for modifications to ensure that parenting arrangements remain appropriate and reflect the child’s best interests.
Enforcing Parenting Orders
When one parent refuses to comply with an order for decision-making authority or parenting, the other parent can seek enforcement through the court. Courts take these matters seriously, and repeated violations may result in penalties or adjustments to the custody arrangement. If you are experiencing issues with access or non-compliance, we can assist you in enforcing your legal rights and protecting your relationship with your child.
What If My Child Doesn’t Want to Visit the Other Parent?
Courts consider the child’s wishes in custody and parenting time arrangements, particularly for older or more mature children. However, parents are expected to encourage and support the child’s relationship with the other parent. If the child is refusing to visit, it is important to understand the reasons behind their reluctance and seek legal advice on how to proceed.
Parenting orders for Unmarried and Common-Law Parents
Unmarried or common-law parents have the same rights and responsibilities as married parents when it comes to child custody and parenting time. Both parents are legally entitled to seek custody, and the same principles of best interests of the child apply. Our lawyers help unmarried parents navigate the legal system and establish fair parenting arrangements.
Why Choose Us for Parenting Matters?
At Odette Rwigamba Lawyers, we know that making decisions affecting your children and having meaningful time with your children following separation are deeply personal and can significantly impact your family’s future. Our experienced family lawyers are dedicated to helping parents reach practical, child-focused solutions that work for everyone involved. We are committed to:
- Providing clear, practical legal advice to help you understand your options.
- Negotiating fair and comprehensive parenting agreements.
- Advocating for your rights in court, if necessary.
- Offering compassionate support throughout the legal process.
We understand the emotional challenges involved and are here to guide you every step of the way, ensuring that your child’s well-being is the top priority.
