Parenting

• Author: JoAnn Kurtz
• Pages: 55-81

55

Introduction ........................... 56

Two Statutes Deal with Parenting ........ 56

Changing Approaches to Parenting ....... 56

Principles in Deciding Parenting Cases .... 58

Interim or Temporary Parenting Orders ... 58

Parenting Under the Divorce Act ......... 58

Parenting Under the Children’s Law

ReformAct ......................... 63

Parenting Assessments .................. 71

Mediation ............................. 72

Enforcement of Parenting Orders ........ 73

Variation of Parenting Orders ............ 74

The Right of a Parent to Change the

Child’sPlace of Residence ............ 75

Chapter Summary ...................... 80

Key Terms ............................. 80

Review Questions ...................... 80

Discussion Questions ................... 81

6

Parenting

Learning Outcomes

After completing this chapter, you should be able to:

• State which legislation applies to a particular

parenting situation.

• Explain when an Ontario court has jurisdiction to

determine a parenting matter under the Divorce Act.

• Explain when an Ontario court has jurisdiction to

determine a parenting matter under the Children’s

Law Reform Act.

• Explain the basic principles applied in determining

parenting.

• Explain the importance of an interim parenting order.

Under both the Divorce Act and the Children’s Law

Reform Act, you should be able to:

• Define “parenting time” and “decision-making

responsibility.”

• Explain who may apply for a parenting order.

• Describe the parenting orders that a court may make.

• Explain the factors to be considered by the court in

making a parenting order.

• Describe parenting assessments and when they may

be ordered.

• Explain the role of mediation in parenting matters.

• Describe the enforcement provisions for parenting

orders.

• Discuss the principles the courts apply in varying

parenting orders.

© [2022] Emond Montgomery Publications. All Rights Reserved.

56 PART II THE SUBSTANTIVE LAW OF MARRIAGEAND FAMILY BREAKDOWN

Introduction

When a two-parent family is intact, the children live with and are cared for by both

parents. When the parents separate, a decision must be made as to which parent will

live with, care for, and make decisions about the children. If the parents cannot make

this decision, a court will make it for them.

As we will discuss later in this chapter, the law now recognizes the existence of

family units that include more than two parents. However, except as otherwise noted,

this chapter discusses the legal situation of a two-parent family.

In this chapter, we will be looking at the law of parenting, including:

• the applicable legislation;

• the jurisdiction of the Ontario courts;

• parenting orders under the Children’s Law Reform Act1 and the Divorce

Act,2including:

– the meaning of parenting time and decision-making responsibility,

– the relevant factors in making a parenting order, and

– interim and permanent parenting orders;

• parenting assessments;

• mediation;

• enforcement of parenting orders; and

• variation of parenting orders.

Two Statutes Deal with Parenting

Parenting is dealt with in both the provincial Children’s Law Reform Act and the federal

Divorce Act. Parenting issues are determined under the Divorce Act if divorce proceed-

ings have been commenced by either spouse. If a spouse has not started a divorce pro-

ceeding, parenting issues are determined under Part III of the Children’s Law ReformAct.

Changing Approaches to Parenting

When the parents of a child reside together, the child resides with both parents, and

both parents have the right and responsibility to make decisions affecting the well-

being of the child. It is only when the parents separate that a decision must be made

about the allocation of those rights and responsibilities, and then the parties must

answer questions such as the following:

• Where will the child reside (with one parent or both parents)?

• When will each parent see the child?

1 RSO 1990, c C.12.

2 RSC 1985, c 3 (2nd Supp).

© [2022] Emond Montgomery Publications. All Rights Reserved.