Parenting time, also known as the legal concept that has replaced “access” in Toronto, is an important issue among divorcing and unmarried parents. Typically, one of these parties is granted primary decision-making authority, which means they will provide the child with their place of residence.
To ensure both parents have the opportunity to build a strong relationship with their children, the court can award parenting time. Let a dedicated parenting time lawyer from The Riley Divorce & Family Law Firm advise you on the common parenting time issues in Toronto so you can understand how to navigate them if necessary.
Multiple issues can arise when a child splits their time between their two parents. In some cases, these conflicts are merely a continuation of the disagreements that arose during the divorce. For some, complications might arise months or even years after the parenting plan was finalized.
Dealing with the common parenting time issues between Toronto parents can be challenging, but it does not always have to lead to costly litigation. Some of the most common examples include the following:
One of the most common issues that can arise is a parent’s refusal to give access to the other party. While this is often the act of the individual with decision-making authority, there are consequences when any parent refuses to comply with the terms of the order.
There are also situations where a parent fails to show up at all for parenting time. This can happen during scheduled, supervised visits, or it can be an issue when supervision is not required by the court. Another example could include not being available when a child is to be dropped off at a parent’s home. A judge will treat this incident seriously, as the failure to take part in these scheduled visits can have a traumatic impact on the child in question.
Another way for a parent to fail to comply with the agreement is by refusing to return the child at the agreed-upon time. The structure of the parenting agreement is important here, as parties with an “open” plan may agree on a flexible approach to parenting time. That said, there are consequences that can arise when a parent willfully fails to return their children to the parent with primary custody at the appropriate time.
A Toronto judge has the power to take action when these common parenting time issues become persistent. If the court determines that a party is willfully flaunting the terms of the parenting plan, they can alter the arrangement. This could involve eliminating decision-making authority or parenting time entirely.
It is worth remembering that resolving conflict is often possible without the need for additional litigation. When you rely on the support of the lawyers at The Riley Divorce & Family Law Firm, it may be possible to negotiate a resolution with your co-parent without the need to involve the court system.
Resolving some common parenting time issues in Toronto can be more difficult than others. While a phone call or an email might address a conflict, other situations may inevitably lead to legal action.
In either scenario, it is a good idea to have a seasoned lawyer by your side. Contact The Riley Divorce & Family Law Firm to learn more during a consultation meeting.
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