Custody and Access - Revision history

Nate Russell: Changed redirect target from Basic Principles of Parenting After Separation to Basic Principles of Parenting after Separation

2024-02-22T00:06:29Z

Changed redirect target from Basic Principles of Parenting After Separation to Basic Principles of Parenting after Separation

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	#REDIRECT [[Basic Principles of Parenting ~~After~~ Separation]]		#REDIRECT [[Basic Principles of Parenting after Separation]]

Nate Russell: Cleanup old retired pages and leaving redirects

2024-02-22T00:05:51Z

Cleanup old retired pages and leaving redirects

Show changes

Jpboyd: /* Links */

2021-03-06T21:01:25Z

Links

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	{{REVIEWED \| reviewer = [[~~Mary Mouat\|Mary Mouat, QC]] and [[Samantha Rapoport~~]], ~~April 15~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Types of access order */

2021-03-06T21:00:39Z

Types of access order

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	Orders for access are either of two types of order: interim orders and final orders. ''Interim orders'' are made before trial, and ''final orders'' are made either by a judge after trial or with the agreement of the parents without a trial.		Orders for access are either of two types of order: interim orders and final orders. ''Interim orders'' are made before trial, and ''final orders'' are made either by a judge after trial or with the agreement of the parents without a trial.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people.

	===Interim orders===		===Interim orders===

Jpboyd: /* Split custody */

2021-03-06T20:59:57Z

Split custody

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	This is a fairly unusual order as it requires the separation of siblings and there is a risk that they may grow apart from each other as time passes. These sorts of orders are only made where there is clear evidence that it is in the best interests of all of the children to fracture the family unit, such as when the siblings are constantly fighting or at each other's throats, or when one child has a particular attachment to a parent not wholly shared by the other children. In such cases, a needs of the child assessment, prepared under section 211 of the ''[[Family Law Act]]'', confirming that the children should be split apart is essential.		This is a fairly unusual order as it requires the separation of siblings and there is a risk that they may grow apart from each other as time passes. These sorts of orders are only made where there is clear evidence that it is in the best interests of all of the children to fracture the family unit, such as when the siblings are constantly fighting or at each other's throats, or when one child has a particular attachment to a parent not wholly shared by the other children. In such cases, a needs of the child assessment, prepared under section 211 of the ''[[Family Law Act]]'', confirming that the children should be split apart is essential.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			As a result of the changes to the ''Divorce Act'', the language used in the Child Support Guidelines has also changed. "Split custody" is now known as ''split parenting time''.

	==Types of access order==		==Types of access order==

Jpboyd: /* Shared custody */

2021-03-06T20:59:44Z

Shared custody

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	Of course, there are downsides to this sort of order. The strain of communicating so frequently with the other spouse can be a bit of a burden; it can be costly to maintain a full set of clothing, shoes, toiletries, and supplies at each house; and, no matter what, the children are still moving from one house to another each week.		Of course, there are downsides to this sort of order. The strain of communicating so frequently with the other spouse can be a bit of a burden; it can be costly to maintain a full set of clothing, shoes, toiletries, and supplies at each house; and, no matter what, the children are still moving from one house to another each week.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			As a result of the changes to the ''Divorce Act'', the language used in the Child Support Guidelines has also changed. "Shared custody" is now known as ''shared parenting time''.

	===Split custody===		===Split custody===

Jpboyd: /* Types of custody order */

2021-03-06T20:59:07Z

Types of custody order

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	Custody orders are either one of two types. They are either ''interim orders'', made after a court proceeding has started but before it has concluded, or they are ''final orders'' made following a settlement or a trial. In general, any kind of order that can be made on a final basis can also be made on an interim basis.		Custody orders are either one of two types. They are either ''interim orders'', made after a court proceeding has started but before it has concluded, or they are ''final orders'' made following a settlement or a trial. In general, any kind of order that can be made on a final basis can also be made on an interim basis.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

	===Interim orders===		===Interim orders===

Jpboyd: /* Factors in access awards */

2021-03-06T20:58:39Z

Factors in access awards

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under the changes to the ''Divorce Act'', ~~judges~~ now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.		Under the changes to the ''Divorce Act'', "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Judges also have a long list of best-interests factors to take into consideration when making decisions about children, including decisions about parenting time and contact. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	==Types of custody order==		==Types of custody order==

Jpboyd: /* Factors in custody awards */

2021-03-06T20:57:35Z

Factors in custody awards

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	<span style="color:#D2691E">'''Important changes'''</span> <br />		<span style="color:#D2691E">'''Important changes'''</span> <br />
	Under the changes to the ''Divorce Act'', judges ~~now~~ have a long list of best-interests factors to take into consideration when making decisions about ~~children~~. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.		Under the changes to the ''Divorce Act'', "custody" is now known as ''decision-making responsibility'', and judges have a long list of best-interests factors to take into consideration when making decisions about decision-making responsibility. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	===Factors in access awards===		===Factors in access awards===

Jpboyd: /* Factors in access awards */

2021-03-06T20:56:29Z

Factors in access awards

← Older revision		Revision as of 20:56, 6 March 2021
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	This chapter has a chart of different parenting schedules that accommodate some of these concerns in the section [[Parenting after Separation]].		This chapter has a chart of different parenting schedules that accommodate some of these concerns in the section [[Parenting after Separation]].

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', judges now have a long list of best-interests factors to take into consideration when making decisions about children. The factors include things like the history of the children's care, the children's views and preferences, each spouse's plan for the care of the children, and the extent to which each spouse will support the children's relationship with the other spouse. Family violence is another factor, and when family violence is present, the ''Divorce Act'' now includes a list of additional factors for judges to consider, including the nature and frequency of the violence.

	==Types of custody order==		==Types of custody order==