Child Matters
Child Accessing & Parenting Time
Every parent knows that time with their children is precious. The amount of time they spend with each parent matters as to how the child is raised, the support he or she gets as well as their connection to the parent.
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Parenting time is divided between the primary resident parent and the access parent (also referred to as child access.) It is important to know that parenting time is determined by the best interests of the children and has an impact on the amount of child support paid or received. It is best negotiated between the parents based on their child's needs as well as their own schedules. At times, child access needs to be supervised or increased gradually for the child's safety and comfort.
Child Custody
Many parents don't understand that the term 'custody' does not refer to parenting time but rather to major decisions parents must make for a child's life such as education, health care, and religion.
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‘Child custody’ is a term used to describe the relationship between a parent and their child. Having custody over the child gives that parent the right to make decisions for the child as a part of their parental responsibilities. Custody is determined based on the child's best interests. It is important not to confuse custody with parenting time.
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There are four main types of custody:
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Joint - both parents have the right input of their thoughts on major decisions affecting the child (ex. Education, health, etc.)
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Shared - The child lives with each parents at least 40% of the time
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Split - In cases with multiple children, split custody may occur where some of the children live with one parent and the other children live with the second parent.
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Sole - Only one parent has custody over the child and is responsible for their care. The other parent may have limited or no visitation rights.
The Office of the Children's Lawyer may be appointed by the court to assist in determining custody or the parties may opt to obtain a private assessment on the issue.
Child Support
Child Support is an ongoing, periodic payment made by a parent, after a separation, to help the recipient cover some of the costs of caring for a child.
The child support amount will be based on the payor's gross annual income. These payments will continue until the child reaches the age of 18 unless enrolled in full-time course of study thereafter. There are other situations that may allow child support to extend past the age of 18 including medical circumstances.
Even if custody is split 50/50, child support must be paid if your income supasses the income of your spouse.
Child support follows the Child Support Guidelines (CSG) and is broken into two parts: basic table amount and contributions towards special expenses. Table amount covers basic needs such as food, clothing and shelter. This will be based on the salary and whom the child lives with. Special expenses are covered by both parents and include cost of extracurriculars, daycare, post-secondary tuition, etc.
Both parties remain responsible for the child and their expenses. However, the amount will vary based on the living arrangements, even if custody is shared.
Feel free to use the Federal Child Support Guidelines to see how much child support a judge might order.
Child Protection Matters (CAS)
If the government believes that a child may suffer harm and that a parent is not taking appropriate steps to protect the child then they may initiate a Child Protection proceeding where they can obtain an order to apprehend (take away) the child or supervise the parents. If the situation is more urgent, they can apprehend the child without a court order and then come to court
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If a court proceeding is not needed then a child protection organization can work alongside a family unit to assist or get them to sign a voluntary services agreement. You should not sign anything until you have received advice from a lawyer.
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When the Children's Aid Society or Catholic Children's Aid Society is involved, you should get legal advice as soon as possible. Taking the proper steps are critical to keep your children with you, or if they have been apprehended, to get them back to you as soon as possible.
