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Difference between revisions of "Parenting Apart"

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==Introduction==
==Introduction==


If you've got children and you've separated from your partner, you'll find you've got three enormous problems to deal with.  
If you've got children and you've separated from your partner, you'll find you've got three enormous problems to deal with. First, you've got to get a grip on all the emotional baggage that comes along with the end of a relationship. Second, you've got a pile of legal issues you have to sort through. Finally, but most importantly, you and your former partner have to develop a strategy for parenting your children after the relationship ends.
 
First, you've got to get a grip on all the emotional baggage that comes along with the end of a relationship. Second, you've got a pile of legal issues you have to sort through. Finally, but most importantly, you and your former partner have to develop a strategy for parenting your children after the relationship ends.


No matter how pressing the first two issues are, you must remember that the post-separation parenting of your children must take priority over everything else. If you think the end of your relationship is difficult for you, imagine how confusing and unsettling it must be for your children. Their needs and best interests must come ahead of your own, and those of your partner. This is certainly the view that the court <span class="noglossary">will</span> take.
No matter how pressing the first two issues are, you must remember that the post-separation parenting of your children must take priority over everything else. If you think the end of your relationship is difficult for you, imagine how confusing and unsettling it must be for your children. Their needs and best interests must come ahead of your own, and those of your partner. This is certainly the view that the court <span class="noglossary">will</span> take.
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You <span class="noglossary">will</span> have found that during your relationship, issues involving the care of your children just sort of worked themselves out, perhaps smoothly, perhaps not. In general, you will have developed a routine, a routine that you and your partner were comfortable with and one that your children have become accustomed to.
You <span class="noglossary">will</span> have found that during your relationship, issues involving the care of your children just sort of worked themselves out, perhaps smoothly, perhaps not. In general, you will have developed a routine, a routine that you and your partner were comfortable with and one that your children have become accustomed to.


After separation, that routine isn't possible anymore, especially if you and your partner are living in separate homes. Suddenly, the children can no longer rely on both of you being around the house, or on the schedules you used to keep. They can no longer count on all the little things like the bedtime story from dad, the special breakfast, playing catch after school with mum, and so forth. On top of all that change and uncertainty, the children will be fully aware that something isn't right between their parents, even if they don't quite grasp exactly what's going on.
After separation, that routine isn't possible anymore, especially if you and your partner are living in separate homes. Suddenly, the children can no longer rely on both parents being around the house, on the schedules each parent used to keep, or on all the little things like the bedtime story from a particular parent, the special breakfast, playing catch after school with the other parent, and so forth. On top of all that change and uncertainty, the children will be fully aware that something isn't right between their parents, even if they don't quite grasp exactly what's going on.


While this may sound a little preachy, the fact is that no matter how adults are able to rationalize the consequences of the end of their relationship, children can't. Your job, regardless of your own emotional and legal entanglements, is to protect your children from your dispute as much as possible, and to develop a parenting regime that will be in the best interests of your children.
While this may sound a little preachy, the fact is that no matter how adults are able to rationalize the consequences of the end of their relationship, children can't. The job of the parents, regardless of their own emotional and legal entanglements, is to protect their children from their dispute as much as possible, and to develop a parenting regime that will be in the best interests of their children.


===Language===
===Language===
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The words we use often shape how we see the world around us. There's a big difference, for example, between saying "Pat lied to me about ..." and "Pat was mistaken when he told me that ..." In the same way, there's a difference between saying "Tuesday is my access day" and "Tuesday is when I visit with Moesha."
The words we use often shape how we see the world around us. There's a big difference, for example, between saying "Pat lied to me about ..." and "Pat was mistaken when he told me that ..." In the same way, there's a difference between saying "Tuesday is my access day" and "Tuesday is when I visit with Moesha."


Over the past ten years or so, the courts and policy makers have become increasingly sensitive to how the words used to describe a parent's involvement with their child can impact on both the child's and the parent's perception of that relationship. As a result, shared parenting is becoming increasingly the standard, even in situations where, twenty years ago, Parent A would be described as the "access parent" and Parent B would be described as the "custodial parent." The phrase "access parent" can often lead to a sense, shared by everyone, including the children, that this parent is somehow a lesser parent, has less of a role to play, or is less important to their child's life. It also encourages the idea that there are "winning parents" and "losing parents" when it comes time to determining the parenting arrangements for a child.
Over the past ten years or so, the courts and policy makers have become increasingly sensitive to how the words used to describe a parent's involvement with his or her child can impact on both the child's and the parent's perception of that relationship. As a result, shared parenting is becoming increasingly the standard, even in situations where, twenty years ago, Parent A would be described as the "access parent" and Parent B would be described as the "custodial parent." The phrase "access parent" can often lead to a sense, shared by everyone, including the children, that this parent is somehow a lesser parent, has less of a role to play, or is less important to his or her child's life. It also encourages the idea that there are "winning parents" and "losing parents" when it comes time to determining the parenting arrangements for a child.


Words like "custody" and "access," are still used in the federal ''[[Divorce Act]]''. As noted above, these can be loaded terms with a lot of extra meanings that aren't particularly helpful to the children, or to each parent's view of their role with the children. This is one reason why the newer provincial ''[[Family Law Act]]'' talks about the care of children in terms of guardians who exercise ''parental responsibilities'' and have ''parenting time'' with their children, and people who are not guardians who have ''contact'' with a child. This is a huge improvement, and the language of the ''[[Family Law Act]]'' should be used whenever possible.
Words like "custody" and "access," are still used in the federal ''[[Divorce Act]]''. As noted above, these can be loaded terms with a lot of extra meanings that aren't particularly helpful to the children, or to each parent's view of his or her role with the children. This is one reason why the newer provincial ''[[Family Law Act]]'' talks about the care of children in terms of guardians who exercise ''parental responsibilities'' and have ''parenting time'' with their children, and people who are not guardians who have ''contact'' with a child. This is a huge improvement, and the language of the ''[[Family Law Act]]'' should be used whenever possible.


===A few notes from JP Boyd===
===A few notes from JP Boyd===
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I am not a psychologist, a psychiatrist or a counsellor. As a result this section should be read with a grain of salt, as it is based on my observations of my clients' experiences and a healthy dose of common sense. For the same reason you are cautioned that this section should not be used as an authority on parenting. The goal of this section is simply to provide some information that may be helpful for parents to consider as they approach the issue of parenting after separation.
I am not a psychologist, a psychiatrist or a counsellor. As a result this section should be read with a grain of salt, as it is based on my observations of my clients' experiences and a healthy dose of common sense. For the same reason you are cautioned that this section should not be used as an authority on parenting. The goal of this section is simply to provide some information that may be helpful for parents to consider as they approach the issue of parenting after separation.


There are a ton of [http://www.clicklaw.bc.ca/question/commonquestion/1010 Parenting After Separation (PAS) programs] conducted by trained psychologists and counsellors available throughout British Columbia. If you are separating or have separated, I highly recommend that you attend one of these programs. No matter how good (or bad!) you think your relationship is with your ex-partner, these programs are usually very helpful. Also, in some cases, you, your former partner, or both of you may be ordered by the court to attend a Parenting After Separation program.
Secondly, there are a ton of [http://www.clicklaw.bc.ca/question/commonquestion/1010 Parenting After Separation (PAS) programs] conducted by trained psychologists and counsellors available throughout British Columbia. If you are separating or have separated, I highly recommend that you attend one of these programs. No matter how good (or bad!) you think your relationship is with your ex-partner, these programs are usually very helpful. Also, in some cases, you, your former partner, or both of you may be ordered by the court to attend a Parenting After Separation program.


==Parenting after separation==
==Parenting after separation==
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Some psychologists and many separating parents believe that the best post-separation parenting arrangement is one of equal time.  
Some psychologists and many separating parents believe that the best post-separation parenting arrangement is one of equal time.  


The ''Family Law Act'' specifically dismisses this perspective.   
The Family Law Act specifically dismisses this perspective.   


Section 40 (4) reads:
Section 40 (4) reads:
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Children need their parents to continue to contribute to their care and upbringing after separation.  Further, children have the right to expect their parents and caregivers to work together, whenever possible, to ensure that their needs are met.   
Children need their parents to continue to contribute to their care and upbringing after separation.  Further, children have the right to expect their parents and caregivers to work together, whenever possible, to ensure that their needs are met.   


While many families work well with a week on/week off schedule or other shared parenting arrangements,  the ''Family Law Act'' rejects the notion that parents should have the right to have or expect an equal, or near-equal, amount of time with their children before or after separation.
While many families work well with a week on/week off schedule or other shared parenting arrangements,  the Family Law Act rejects the notion that parents should have the right to have or expect an equal, or near-equal, amount of time with their children before or after separation.


Not all parents can separate in a civil manner, and not all parents share an equal interest or ability to in participate in the lives and parenting of their children. Some parents may be quite content to walk away and start a new life; others are painfully torn by the conflict between their former partner and their role as a parent. However, in the absence of some serious problem (such as abuse, alcoholism, or pedophilia) that renders a parent unfit to play a meaningful role in their child's life, the practical reality of parenting after separation is this: it is almost always in a child's best interests to grow up with two parents, with as strong a bond with both parents as possible, and to spend as much time with both parents as possible.
Not all parents can separate in a civil manner, and not all parents share an equal interest or ability to in participate in the lives and parenting of their children. Some parents may be quite content to walk away and start a new life; others are painfully torn by the conflict between their former partner and their role as a parent. However, in the absence of some serious problem (such as abuse, alcoholism, or pedophilia) that renders a parent unfit to play a meaningful role in his or her child's life, the practical reality of parenting after separation is this: it is almost always in a child's best interests to grow up with two parents, with as strong a bond with both parents as possible, and to spend as much time with both parents as possible.


===Parenting tips===
===Parenting tips===


Divorce or separation doesn't mess kids up — conflict does. Conflict in intact families and separated families is bad for children.
Divorce or separation doesn't mess kids up — conflict does. Conflict in intact families and separated families is bad children.


The [http://www.ementalhealth.ca/index.php?m=record&ID=9687 Ottawa Centre for Mediation], formerly the Ottawa Centre for Family and Community Mediation, offers the following parenting dos and don'ts.
The [http://www.ementalhealth.ca/index.php?m=record&ID=9687 Ottawa Centre for Mediation], formerly the Ottawa Centre for Family and Community Mediation, offers the following parenting dos and don'ts.
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*The schedule of a seven-year-old must accommodate sports and other extracurricular activities as well as homework and other take-home assignments.
*The schedule of a seven-year-old must accommodate sports and other extracurricular activities as well as homework and other take-home assignments.
*Nine-year-olds will be starting to go to day camps or overnight camps during the summer.
*Nine-year-olds will be starting to go to day camps or overnight camps during the summer.
*The schedule of a twelve-year-old must take into <span class="noglossary">account</span>  their social schedule and activities with friends.
*The schedule of a twelve-year-old must take into <span class="noglossary">account</span>  his or her social schedule and activities with friends.


In other words, a parenting schedule can't be static; it has to be able to evolve with time. This is precisely what a parenting plan is intended to address.
In other words, a parenting schedule can't be static; it has to be able to evolve with time. This is precisely what a parenting plan is intended to address.
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Parenting plans also typically address guardianship issues and cover how the parents will make decisions about the children's care, medical needs, and schooling. Since parenting plans aren't mentioned in the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', there are no rules about what should and shouldn't be in a parenting plan. It's up to the parents to be as inclusive and creative as they want.
Parenting plans also typically address guardianship issues and cover how the parents will make decisions about the children's care, medical needs, and schooling. Since parenting plans aren't mentioned in the ''[[Divorce Act]]'' or the ''[[Family Law Act]]'', there are no rules about what should and shouldn't be in a parenting plan. It's up to the parents to be as inclusive and creative as they want.


Parenting plans can be included in separation agreements, but not always, in court orders. Usually, court orders contain a general statement about guardianship and parenting time. However, at times, especially when parents do not agree, the court can and will make very specific orders about the parenting arrangements, such as who is responsible for taking the children to the dentist and the sharing of birthdays, to name a few. Detailed orders are usually crafted to a particular family in an attempt by the court to cover as much of a child's day-to-day life as possible in the hopes of minimizing conflict between the parents.
Parenting plans can be included in separation agreements, but not always, in court orders. Usually, court orders contain a general statement about general statement about guardianship and parenting time. However, at times, especially when parents to not agree, the court can and will make very specific orders about the parenting arrangements, such as who is responsible for taking the children to the dentist and the sharing of birthdays, to name a few. Detailed orders are usually crafted to a particular family in an attempt by the court to cover as much of a child's day-to-day life as possible in the hopes of minimizing conflict between the parents.


Parenting plans can also stand on their own as a separate document.
Parenting plans can also stand on their own as a separate document.
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===Common visitation issues===
===Common visitation issues===


There are lots of stumbling blocks that can crop up in preparing a parenting schedule, and it can be very difficult to anticipate all the special days that you might want to address in addition to the week-to-week schedule. Most often, these special days are things like Mothers' Day or Fathers' Day, the children's birthdays and religious holidays.
There are lots of stumbling blocks that can crop up in preparing a parenting schedule, and it can be very difficult to anticipate all the "special days" that you might want to address in addition to the week-to-week schedule. Most often, these special days are things like Mothers' Day or Fathers' Day, the children's birthdays and religious holidays.


Other problems can come up when the parenting schedule is ignored by a parent or refused by a child. Some solutions to issues like this are discussed below. More information can be found in other sections in this chapter, including the [[Estranged & Alienated Children]] section.
Other problems can come up when the parenting schedule is ignored by a parent or refused by a child. Some solutions to issues like this are discussed below. More information can be found in other sections in this chapter, including the [[Estranged & Alienated Children]] section.
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====Weekends====
====Weekends====


Weekends can be especially important to schedule carefully, and it may be important that they be shared between parents, particularly if the children are going to school. Often the parent who has the children during the work week becomes the disciplinarian, since that parent has the burden of telling the kids to go to sleep on time, do their homework, and so forth. The other parent, on the other hand, becomes the "fun" parent, taking the kids to the park, to the movies, and buying them treats on the weekend.
Weekends can be especially important to schedule carefully, and it may be important that they be shared between parents, particularly if the children are going to school. Often the parent who has the children during the workweek becomes the disciplinarian, since that parent has the burden of telling the kids to go to sleep on time, do their homework, and so forth. The other parent, on the other hand, becomes the "fun" parent, taking the kids to the park, to the movies, and buying them treats on the weekend.


It may be important that weekends be shared to avoid the children developing a discipline parent/fun parent dynamic. It is rarely a good idea to come up with a schedule that gives one parent all of the children's weekends, unless of course that is what your particular family needs and what will be in your children's best interests.
It may be important that weekends be shared to avoid the children developing a discipline parent/fun parent dynamic. It is rarely a good idea to come up with a schedule that gives one parent all of the children's weekends, unless of course that is what your particular family needs and what will be in your children's best interests.
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Particularly during the school closures during the summer, both of the parents should have a fair chunk of time with the children. Summers don't have to be split equally — some people's work schedules just won't give them that much time off — but each parent should at least have a solid week with the children. During times like this, the usual parenting schedule is suspended so that each parent's holiday visits are uninterrupted.
Particularly during the school closures during the summer, both of the parents should have a fair chunk of time with the children. Summers don't have to be split equally — some people's work schedules just won't give them that much time off — but each parent should at least have a solid week with the children. During times like this, the usual parenting schedule is suspended so that each parent's holiday visits are uninterrupted.


For working parents, summer holidays may require cooperation (or not) regarding the scheduling of camps and day camps. Ideally, parents can arrange their holidays around the children's availability. However, not every parent has that flexibility. What parents need to keep in mind are the memories that they are creating for their children. Will their children remember summer holidays as being a tug-of-war between parents, or a time of relaxation and fun?
For working parents, summer holidays may require cooperation (or not) regarding the scheduling of camps and day camps. Ideally, parents can arrange their holidays around the children's availability. However, not every parent has that flexibility. What parents need to keep in mind are the memories that they are creating for their children. Will there children remember summer holidays as being a 'tug-of-war' between parents, or a time of relaxation and fun?


====Children's refusal to visit====
====Children's refusal to visit====
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The ''[[Family Law Act]]'' confirms that when determining what parenting plan is in a child’s best interests, the court and the parties must consider the child’s “view, unless it would be inappropriate to consider them” (section 37(2)(b)).
The ''[[Family Law Act]]'' confirms that when determining what parenting plan is in a child’s best interests, the court and the parties must consider the child’s “view, unless it would be inappropriate to consider them” (section 37(2)(b)).


There is no age provided in the ''[[Family Law Act]]'' as to when a child’s views are to determine their own parenting schedule.  While people typically think  the age of 12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, the language of the ''[[Family Law Act]]'' does not specify any particular age when a child's views determine the parenting arrangements.   
There is no age provided in the ''[[Family Law Act]]'' as to when a child’s views are to determine their own parenting schedule.  While people typically think  the age of 12 is somehow a determining age for when children can make their own decisions on their own parenting schedule, he language of the ''[[Family Law Act]]'' does not specify any particular age when a child's views are determinative of the parenting arrangements.   


Generally, children should not be responsible for making their own parenting arrangements or be involved in negotiating that issue between their parents. If a child is saying that they does not want to see the other parent, then that is a factor the parents need to consider.  A child’s voice must be heard; however, it is important to make the distinction between a child having a “voice” compared to a child making a “choice”.   
Generally, children should not be responsible for making their own parenting arrangements or be involved in negotiating that issue between their parents. If a child is saying that he or she does not want to see the other parent, then that is a factor the parents need to consider.  A child’s voice must be heard; however, it is important to make the distinction between a child having a “voice” compared to a child making a “choice”.   


A child’s interests are not necessarily served by limiting contact with one parent when a child requests it.  It is important to know why a child is taking a resistant position and to address any underlying factors that may be affecting the child’s choice in the matter.   
A child’s interests are not necessarily served by limiting contact with one parent when a child requests it.  It is important to know why a child is taking a resistant position and to address any underlying factors that may be affecting the child’s choice in the matter.   
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There are lots of good books about parenting after separation available at your local bookstore, included the following (my favourites are in bold):
There are lots of good books about parenting after separation available at your local bookstore, included the following (my favourites are in bold):


*''The Good Divorce: Keeping your family together when your marriage comes apart'', by D. Ahrons
*The Good Divorce: Keeping your family together when your marriage comes apart, by D. Ahrons


*''Helping your Child through your Divorce'', by F. Bienenfeld
*Helping your Child through your Divorce, by F. Bienenfeld


*'''''The Truth about Children and Divorce''''', by R.E. Emery
*'''The Truth about Children and Divorce''', by R.E. Emery


*''Healing Hearts: Helping Children and Adults Recover from Divorce'', by E. Hickey and E. Dalton
*Healing Hearts: Helping Children and Adults Recover from Divorce, by E. Hickey and E. Dalton


*'''''Helping your Kids Cope with Divorce the Sandcastles Way''''', by M.G. Neuman
*'''Helping your Kids Cope with Divorce the Sandcastles Way''', by M.G. Neuman


*''Mom's House, Dad's House: Making Two Homes for Your Child'', by I. Ricci
*Mom's House, Dad's House: Making Two Homes for Your Child, by I. Ricci


*''Joint Custody with a Jerk: Raising your Child with an Uncooperative Ex'', by J.A. Ross
*Joint Custody with a Jerk: Raising your Child with an Uncooperative Ex, by J.A. Ross


*''Helping Children Cope with Divorce'', by A. Teyber
*Helping Children Cope with Divorce, by A. Teyber


The federal Department of Justice has a number of high-quality resources that may be helpful. The [http://www.justice.gc.ca/eng/pi/fcy-fea/ Supporting Families] website has a lot of information about separation and divorce. Inside this site you'll find a library of department publications and a wide variety of research papers about parenting after separation, the <span class="noglossary">costs</span>  of high-conflict separation, and other topics relating to a child's well-being and outcomes following separation. These papers are of a uniformly high quality and are well worth the read.
The federal Department of Justice has a number of high-quality resources that may be helpful. The [http://www.justice.gc.ca/eng/pi/fcy-fea/ Supporting Families] website has a lot of information about separation and divorce. Inside this site you'll find a library of department publications and a wide variety of research papers about parenting after separation, the <span class="noglossary">costs</span>  of high-conflict separation, and other topics relating to a child's well-being and outcomes following separation. These papers are of a uniformly high quality and are well worth the read.
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The books that follow are drawn from the suggestions of the Vancouver law firm Henderson Heinrichs and are reproduced with permission.
The books that follow are drawn from the suggestions of the Vancouver law firm Henderson Heinrichs and are reproduced with permission.


*''At Daddy’s on Saturdays'', by L. Walvoord and J. Friedman; for ages 5+
*At Daddy’s on Saturdays, by L. Walvoord and J. Friedman; for ages 5+


*''Dinosaurs Divorce: A Guide for Changing Families'', by L. Krasny Brown and M. Brown; for ages 4+
*Dinosaurs Divorce: A Guide for Changing Families, by L. Krasny Brown and M. Brown; for ages 4+


*''Divorce is a Grown Up Problem'', by J. Sinberg; for ages 4+
*Divorce is a Grown Up Problem, by J. Sinberg; for ages 4+


*''Let’s Talk About It: Divorce'', by F. Rogers; for ages 5+
*Let’s Talk About It: Divorce, by F. Rogers; for ages 5+


*''On Divorce'' by S. Bennett Stein and E. Stone; for ages 3+
*On Divorce by S. Bennett Stein and E. Stone; for ages 3+


*''What’s Going to Happen to Me?'', by E. Leshan; for ages 9+
*What’s Going to Happen to Me?, by E. Leshan; for ages 9+


*''Why Are We Getting a Divorce?'', by P. Mayle and A. Robins; for ages 6+
*Why Are We Getting a Divorce?, by P. Mayle and A. Robins; for ages 6+


The provincial Ministry of Justice has published two websites at [http://www.familieschange.ca www.familieschange.ca] designed to help children understand and cope with the issues that arise when their parents separate or divorce. One is for children and the other is for teens; both are very well put together.
The provincial Ministry of Justice has published two websites at [http://www.familieschange.ca www.familieschange.ca] designed to help children understand and cope with the issues that arise when their parents separate or divorce. One is for children and the other is for teens; both are very well put together.