Difference between revisions of "Changing Orders in Family Matters"
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Changing Orders in Family Matters (view source)
Revision as of 04:33, 5 March 2013
, 04:33, 5 March 2013→Common Problems with Orders for Access, Parenting Time and Contact
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Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | Beyond this, it's difficult to say what the court will consider when changing orders about guardianship, parenting arrangements or contact with a child. The ''Family Law Act'' is too new to know how the court will handle questions like these. | ||
===Common | ===Common Issues with Orders for Access, Parenting Time and Contact=== | ||
Sometimes conflict about a parenting schedule happens because the schedule is vague, imprecise and open to interpretation. At other times, circumstances change making a parenting schedule obsolete, perhaps because a child has grown up and has her own opinions or perhaps because a parent work schedule has changed. | |||
====Vague Schedules==== | |||
Say | Sometimes the easiest way to fix a problem with a parenting schedule isn't to apply to court to rigidly enforce the order, but to get creative and thing about ways that the order could be changed to solve the problem. Say someone's shift ends at 5:00 but the child is supposed to be picked up at 4:00. The answer may not be to enforce the order, it might to change it. | ||
"Sally will have | A common problem occurs when a schedule says only that a person will have "liberal and generous access," or sets an access schedule that is vague. In situations like this, it is easy for the schedule to be frustrated... what is "liberal and generous" access anyway? Who decides what is "liberal" and what is "generous?" The best solution is usually to be a lot more specific about when and how the access visits should occur. | ||
When exactly does Sally's | |||
Say an order says this: | |||
<blockquote>"Sally will have parenting time with the child from Friday to Sunday."</blockquote> | |||
When exactly does Sally's parenting time start? When does it end? Who is supposed to pick the child up and drop her off? Is the Sunday the Sunday immediately following the Friday or the Sunday a week later? A better order would say: | |||
<blockquote>"Sally will have the child from Friday at 4:00pm or the end of the school day, whichever is earlier, to the following Sunday at 6:00pm, every other week. Sally will be responsible for picking the child up on Fridays and Bob will be responsible for picking the child up on Sundays."</blockquote> | |||
Even better would be an order or agreement that says: | Even better would be an order or agreement that says: | ||
"Sally will have the child from Friday at 4:00pm or the end of the school day, whichever is earlier, to the following Sunday at 6:00pm, every other week. If the Friday is a statutory holiday or a school professional development date, Sally will have the child from Thursday at 4:00pm. If the Monday following the Sunday is a statutory holiday or a school professional development day, Sally will have the child until Monday at 6:00pm. | <blockquote>"Sally will have the child from Friday at 4:00pm or the end of the school day, whichever is earlier, to the following Sunday at 6:00pm, every other week. If the Friday is a statutory holiday or a school professional development date, Sally will have the child from Thursday at 4:00pm. If the Monday following the Sunday is a statutory holiday or a school professional development day, Sally will have the child until Monday at 6:00pm.</blockquote> | ||
"Sally will be responsible for picking the child up at the beginning of her access to the child and Bob will be responsible for picking the child up at the conclusion of Sally's access to the child. | <blockquote>"Sally will be responsible for picking the child up at the beginning of her access to the child and Bob will be responsible for picking the child up at the conclusion of Sally's access to the child.</blockquote> | ||
"In the event that Sally is unable to care for the child during a scheduled access visit, Sally will give at least two days' notice to Bob. | <blockquote>"In the event that Sally is unable to care for the child during a scheduled access visit, Sally will give at least two days' notice to Bob.</blockquote> | ||
"On Fathers' Day, Sally's access to the child will be suspended from 10:00am to 2:00pm, during which time Bob will have the child. | <blockquote>"On Fathers' Day, Sally's access to the child will be suspended from 10:00am to 2:00pm, during which time Bob will have the child.</blockquote> | ||
"Sally's access to the child will be suspended during the summer, winter and spring school holidays, during which periods the following holiday access schedule will prevail..." | <blockquote>"Sally's access to the child will be suspended during the summer, winter and spring school holidays, during which periods the following holiday access schedule will prevail..."</blockquote> | ||
Where there has been a history of difficulties, the court will generally be quite open to further specifying the | |||
Where there has been a history of difficulties, the court will generally be quite open to further specifying a parenting schedule. | |||
====Reducing a Parenting Schedule==== | |||
Situations where a parenting schedule has been varied to reduce the amount of time a person has with a child include circumstances such as when: | |||
#the parent and child have moved far enough away as to make the original parenting schedule impossible to comply with; | |||
#a mature child over the age of twelve or so has expressed a wish not to see a parent; | |||
#a parent has suffered a mental or physical illness, such that the children's health and welfare are at risk in his or her care; | |||
#the parents' relationship has worsened to the point that they can no longer cooperate; | |||
#one parent has attempted to interfere with the child's relationship with the other parent; or, | |||
#the schedule is proving harmful to the mental or physical health and welfare of the child. | |||
Where there are allegations involving mental health issues, parenting capacity or the children's wishes, it is often essential to have a psychologist or psychiatrist provide a report which supports the allegations. Needs of the child assessments are discussed in more detail in _______ . | |||
====Increasing a Parenting Schedule==== | |||
Of course, parenting schedules can also be changed to increase the amount of time a parent has with the child. Circumstances where this has happened include where: | |||
#a parent was interfering with the child's relationship with the parent, so that more time with the child was required to restore the relationship; | |||
#the parent with whom the child usually lives was interfering with and unreasonably limiting the time provided to the other parent by an order; | |||
#a child is older and able to spend more time away from the parent with whom the child usually lives; or, | |||
#a child over the age of eleven or twelve or so has expressed a wish to spend more time with a parent. | |||
These are just a few of the circumstances in which a parent's time with the child can be increased from the amount given in an order. As long as there has been a change in circumstances since the order was made and the increased time is in the children's best interests, parenting schedules should be adjusted. | |||
These are just a few of the circumstances in which a parent's time with the child can be increased from the amount given in an order | |||
==Child Support== | ==Child Support== | ||
