Upon the breakdown of a relationship, whether you are married or common-law, separated or divorced, the care for the children you have with a partner becomes a challenging issue. Every decision pertaining to parenting arrangements is decided under one overarching question: what is best for the child? Under Canadian law, these decisions are made under the principle of the “best interests of the child”. This mainly looks at the child’s physical, emotional and psychological safety, security and well-being.
Parenting arrangements include issues on decision-making responsibility and parenting time (formerly known as custody) and contact (formerly known as access).
Decision making responsibility is the right to make important decisions on how to care for and raise a child. This includes decisions about a child’s health, education, language, culture, religion, and significant extra-curricular activities.
Parenting time is the time that a child spends in the care of a parent. A person who stands in the place of a parent, such as a step-parent, may also get parenting time.
Contact is your time with your child, which is generally to take place during parenting time. Separated or divorced spouses can each apply for a parenting order. Non-spouses, can apply for a contact order.