Difference between revisions of "Children and Parenting after Separation"

Guardian's have ''parental responsibilities'' with respect to the children in their care, the duty to make decisions about the children in the best interests of the children. The terms of how parental responsibilities will be handled can be vague or they can be very specific. Specific terms usually define the distribution of parental responsibilities using a set of clauses drafted by Mr. Justice Joyce (the "Joyce model"), by Mr. Justice Garner (the "''Charlton'' model") or by Master Horn (the "Horn model") or some hybrid of the three. All three models describe the rights and obligations both parents have when they are all guardians.  

The Joyce model is fairly detailed and require the guardians to consult with one another on all important decisions affecting the child, to make their best efforts to work together to reach a solution which is in the best interests of the child, and so forth. When guardians can't agree on a decision, the Joyce model might say that one guardian will have the last word, or it might say that the parents will try to mediate the issue, consult a child psychologist about the issue or ask a judge for directions on the issue.

The ''Charlton'' model is about each guardian's right to participate in making decisions about all aspects of a child's life and requires guardians to cooperate in making these decisions, with neither of them having the ultimate say.

The Horn model is more about the guardians' rights to access information about the child, usually about the child's schooling, health and extracurricular activities. The Horn model implies that the guardian with whom the child mostly lives will be entitled to make decisions about the child as he or she sees fit, with the other guardian having a right to information about the child. Under s. 49 of the ''Family Law Act'', however, that guardian will always have the right to ask the court for directions on the subject of the other guardian's decision.