Parenting & Support Legal Services
In Canada, lawyers and Judges create parenting plans that outline such factors as who will make decisions about the child or children’s education, health care, extracurricular activities, religion, etc.
Many spouses will agree to participate in joint decision-making, which is sometimes referred to as joint parenting. There is nothing more precious to a parent than the well-being of their children. This is why focusing on child access, and child support is critical for both spouses.
Child Support Services
Child support is mandated under federal and provincial law. They are known as the Child Support Guidelines.
A formulation table dictates the basic amount of child support payable by one parent to the other. It is related solely to the number of children and the payor’s income. The recipient’s income is irrelevant in determining the basic amount of child support unless one or more children live with the payor.
In addition to the basic amount of child support, both parents are required to contribute in proportion to their incomes to other expenses, which may include daycare, schooling and tutoring costs, medical fees, extracurricular activities, and post-secondary education. These extra expenses referred to as “Section 7 Expenses,” are set out in section 7 of the Child Support Guidelines.
Child support is not taxable to the recipient, nor is it deductible to the payor. The amount of child support can be revisited whenever the payor’s income changes. The sharing of Section 7 Expenses can be reviewed if either parent’s income changes.
Usually, the calculation of child support is very straightforward. Complications can happen if there are several different parenting arrangements in effect. For example, three children live with one parent and two live with the other parent. When these types of difficulties arise, we have sophisticated software solutions that provide the calculations.
Child support does not necessarily stop when a child graduates from high school. It may be payable for as long as the child is in full-time attendance at a post-secondary educational institution. Furthermore, payment may extend to post-graduate education and degree.
Parenting
(Previously Child Custody and Access)
A joint parenting agreement outlines the amount of time the children will spend with each parent. It does not mean that time with each parent will be disbursed equally.
The best interests of the child are always the guiding principle. Various factors are considered, such as the child’s age, number of siblings, the distance between each parent’s home and the child’s school, each parent’s working hours, and any special needs the children may have.
For example, a week away from either parent can seem like a long time for very young children, so more frequent and shorter periods are spent with each parent. For older children, this is not necessarily as much of a concern. For a parent to move to a new home, city or country with their child is a complex area of law that, thus far, has been inconsistent.
Experienced professionals, such as child psychiatrists, child psychologists, and social workers, can educate parents concerning what is best for their children during a separation. These types of professionals can also help conduct parenting assessments and interview children to hear their views.
If one of the parents struggles with a drug or alcohol problem or a risk of alienation, kidnapping, or history of abuse, it may be appropriate for that parent to have supervised access rather than being left alone with the child or children. Supervision can be done at a supervised access center by a neutral third party, such as a social worker or another family member.
Parenting F.A.Q.
A parenting assessment may be appropriate if there are concerns about the ability of either or both parents to care for the child or where there are clinical issues, such as psychiatric or psychological difficulties.
Psychiatrists, psychologists, or social workers specializing in this field usually do assessments. An assessor will meet with the parents, child and “collaterals” such as nannies, other family members, and new partners familiar with the children.
An assessor will also likely speak to the child’s teachers, doctors, camp counsellors, and other key individuals to fully understand the child’s life and how each parent can contribute to the child’s upbringing.
The assessor provides a report that can be used in a court proceeding.
The ability for a parent to move with their child to a new home, city, or country is a very inconsistent and difficult area of law. In March 2021, provisions to the Divorce Act were added to provide more direction in this area.
While no general statements can be made, the courts are very determined that when a solid and healthy relationship currently exists between the child and both parents, the connections are to be maintained. The courts are also determined to ensure that an occurrence is in the child’s best interests.
A parent can be charged with kidnapping if they keep the child or children with the intent of depriving the other parent of time with them.
While kidnapping charges are rare, sometimes one parent alleges that the other parent is trying to alienate the children.
Whether this is done with subtlety or overtness, the courts are very alert to parental alienation and have the jurisdiction and obligation to protect children. There are several remedies for parental alienation, including awarding parenting rights of the children to the alienated parent.
Parental alienation should not be asserted lightly. Just as courts take a dim view of alienating parents, they also take a dim view of a claim of alienation based only on hostility between the parents or due to acts of bad behaviour.
Voice of the Child pertains to the view of the child or children as expressed to a professional involved in deciding the child’s parenting rights.
There is a misconception that the child can decide with whom they wish to live. Children do not make this decision. Instead, a decision based on the child’s best interests is made by the parents or the courts.
Sometimes young children are reluctant to live with one parent rather than the other and need to be persuaded and, in the most unfortunate cases, forced. When this happens with older children, persuasion can be very difficult and forcing the decision on them can be even harder.
Along with 193 other countries, Canada is a signatory to the United Nations Convention on the Rights Of The Child, which came into effect on September 2, 1990. The Convention provides:
States Parties shall assure the child who can form his or her views the right to express those views freely in all matters affecting the child, the views of the child being given due weight per the age and maturity of the child.
For this purpose, the child shall, in particular, be provided with the opportunity to be heard in any judicial and administrative proceedings affecting the child, either directly, or through a representative or an appropriate body, in a manner consistent with the procedural rules of national law.
There are various ways that a child’s voice can be heard: through an assessment, by the child having his or her lawyer, or by the child speaking to the Judge or arbitrator.
The law and social science in this area continue to develop with no clear consensus on the best way to hear the child’s views. What is clear is that while the child’s views are to be heard and are one of many factors to be considered, the child does not make the final decision.
The Office of the Children’s Lawyer is a department within the Ontario Ministry of the Attorney General.
Lawyers working within the Office of the Children’s Lawyer represent the best interests of children under 18 years of age concerning their personal and property rights.
For example, these lawyers represent children in a wide range of circumstances, such as child parenting rights and access disputes, child protection proceedings, estate matters, and civil litigation.
More information about the Office of the Children’s Lawyer can be found here.