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Difference between revisions of "Children and Parenting after Separation"
From Clicklaw Wikibooks
Children and Parenting after Separation (view source)
Revision as of 20:38, 6 March 2021
, 20:38, 6 March 2021→Legal concepts about the care of children
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It is very important to understand that a parent's access rights to a child are entirely separate from that parent's obligation to pay child support. Child support is not a fee paid or charged to see one's child. It is never appropriate to withhold access because a parent missed a child support payment, nor is it ever appropriate to stop paying child support because access has been withheld. The courts do not look kindly on parents who have engaged in this sort of conduct. | It is very important to understand that a parent's access rights to a child are entirely separate from that parent's obligation to pay child support. Child support is not a fee paid or charged to see one's child. It is never appropriate to withhold access because a parent missed a child support payment, nor is it ever appropriate to stop paying child support because access has been withheld. The courts do not look kindly on parents who have engaged in this sort of conduct. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. | |||
===Custody under the Child Support Guidelines=== | ===Custody under the Child Support Guidelines=== | ||
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Parents have ''shared custody'', under section 9 of the Guidelines, when the children spend an equal or almost equal amount of time in each of the parents' homes. The court recognizes that an arrangement that children live with a parent at least 40% of the time is a shared custody arrangement. This sort of arrangement is becoming increasingly common. | Parents have ''shared custody'', under section 9 of the Guidelines, when the children spend an equal or almost equal amount of time in each of the parents' homes. The court recognizes that an arrangement that children live with a parent at least 40% of the time is a shared custody arrangement. This sort of arrangement is becoming increasingly common. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
As a result of the changes to the ''Divorce Act'', the language used in the Child Support Guidelines has also changed. "Split custody" is now known as ''split parenting time'' and "shared custody" is now known as ''shared parenting time''. | |||
===Guardianship under the ''Family Law Act''=== | ===Guardianship under the ''Family Law Act''=== | ||
