Parenting Time (Access)
Parenting time, contact time, custody, guardianship, access.
In dealing with these issues, clients must have clear goals in connection with what their short term, medium term and long term goals are for the children. Considerations regarding potential relocation (mobility) have to be taken into account when making decisions regarding children. What may be appropriate to include in a long term plan for children may not be appropriate in a short term plan.
Other considerations include the degree of hostility between the parents and whether any parent is engaging in inappropriate behaviour with the other parent or the children. These are all factors to be taken into account when developing parenting plans to either promote a shared parenting arrangement or to obtain significantly different parenting arrangements.
A parent's need to relocate arises in many ways and sometimes is career driven.
The Family Law Act codifies when notice regarding mobility has to be provided, the amount of the notice and some of the factors that have to be taken into account by a Judge in determining whether mobility is appropriate or not. Apart from economic considerations regarding mobility (greater opportunities for employment income and so forth) there are other criteria that apply. Crime rates, better educational facilities and other criteria are factors that Judges take into account when determining mobility issues.
In negotiating separation agreements, the possibility of mobility has to be taken into account to either permit it to take place under certain circumstances or to prevent it as the case may be.
A client’s particular circumstances have to be assessed to determine what the best approach is to facilitate the result they need.