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Difference between revisions of "Guardianship, Parenting Arrangements and Contact"
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Guardianship, Parenting Arrangements and Contact (view source)
Revision as of 15:39, 13 April 2013
, 15:39, 13 April 2013→Parental responsibilities and parenting time
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When formal arrangements are required, s. 44 allows two or more of a child's guardians to make an agreement about the allocation of parental responsibilities and parenting time, as well as how disputes about those parenting arrangement will be resolved. (Agreements like these can't be made until the guardians have separated or are about to separate.) If agreement is impossible, a guardian can apply for a court order about parenting arrangements under s. 45 of the act. | When formal arrangements are required, s. 44 allows two or more of a child's guardians to make an agreement about the allocation of parental responsibilities and parenting time, as well as how disputes about those parenting arrangement will be resolved. (Agreements like these can't be made until the guardians have separated or are about to separate.) If agreement is impossible, a guardian can apply for a court order about parenting arrangements under s. 45 of the act. | ||
===The Joyce Model for sharing parental responsibilities=== | |||
Guardians have ''parental responsibilities'' for the children in their care, which is 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") or by Master Horn (the "Horn model") or some hybrid of the two. Both models describe the rights and obligations both parents have when they are all guardians. | |||
The ''Joyce model'' is fairly detailed and requires 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 that 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 Horn Model for sharing parental responsibilities=== | |||
The ''Horn model'' is more about the guardians' rights to get 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. | |||
==Contact== | ==Contact== | ||
