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Difference between revisions of "Parenting Orders, Guardianship, and Contact (3:XI)"

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== A. General ==
== A. General ==


Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, courts rarely make such changes. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. Sometimes, courts will order joint parenting time on an interim basis so that neither parent’s position is prejudiced.  
Disputes over parenting time of minor children are often the most difficult issues to resolve during the breakdown of a marriage or other relationship. Parenting time decisions can always be changed; however, courts rarely make such changes. Thus, the decision about who gets interim parenting time is particularly important. Children usually stay with the parent who has provided primary care in the past and who can spend the most time with them. Sometimes, courts will order a form of shared parenting time on an interim basis so that neither parent’s position is prejudiced. The best interest of the child is the only consideration in determining parenting time, contact, and parenting arrangements (DA, s 16(1)). The primary consideration in determining the child’s best interest will be given to the child’s physical, emotional, and psychological safety, security, and wellbeing (DA, s 16(2)). For all further factors please see XI(B)(c)(i) Factors in Awarding Parenting Time or s 16(3) of the Divorce Act.


The best interests of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements.  
The best interests of the child is the '''only''' consideration in determining parenting time, contact, and parenting arrangements.  
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