Complicating Parenting Time Factors in Toronto

Parents who live apart must decide how they will divide time with their children. The law favors arrangements that allow both parents sufficient time to maintain meaningful relationships with the children if doing so is in the children’s best interests.

However, some situations can limit a parent’s access to their children. Some of the most common complicating parenting time factors in Toronto include family violence, substance abuse, relocation, and parental alienation. If these or other issues are impacting your custody arrangements, the experienced divorce lawyers at our firm can help.

Substance Abuse and Family Violence

When deciding custody issues, the best interests of the children are the court’s primary consideration. The court will seek a resolution that promotes the children’s physical, mental, and emotional safety and well-being. A custody lawyer in Toronto can provide a more detailed analysis of how the best interest of the child standard might impact a specific case.

Active substance abuse can interfere with a parent’s ability to provide a safe home and care for the children properly. Participation in a treatment program, mental health counseling, and other remedial measures can reassure a court that a parent is committed to providing a safe home. Even so, a court could order supervised visitation until the parent can demonstrate sobriety for a specified period of time.

Incidents of physical, sexual, or emotional abuse or coercive control in the home also can prevent a parent from gaining unsupervised access to their children. A court will consider the type and severity of abuse, actions the perpetrator has taken to address their behavior, the impact on the child, and all other relevant factors when considering how family violence should affect parenting time and access. A court can order limited access, supervised parenting time, and even deny access to the children entirely.

Parental Alienation

Parents sometimes express their bitterness at the end of a relationship by undermining their children’s relationship with the other parent. This form of emotional abuse is called parental alienation. This behavior can have a damaging impact on a child’s self-esteem and lead to anxiety, depression, and other lifelong mental health challenges.

Parental alienation can take many forms. Some common examples include:

  • Making false allegations against the other parent
  • Creating misleading or false narratives about the reason for the family’s breakup
  • Denying the other parent their parenting time
  • Disrupting the other parent’s parenting time
  • Rejecting counselors or therapists who recommend an ongoing relationship between the child and the non-alienating parent

A child who has been exposed to alienating behavior may refuse to spend time with the other parent and may express feelings or make accusations using words or expressions beyond their level of maturity.

The federal Divorce Act S. 16(3)(c) and Ontario‘s Children’s Law Reform Act S.24(c)(3) note that a parent’s willingness to support a child’s relationship with the other parent is fundamental to furthering the child’s best interests. A parent who engages in alienating conduct may lose parenting time and decision-making responsibility. In extreme cases, Toronto courts have ordered temporary blackouts of contact between the child and the alienating parent. It is essential to work with a skilled custody lawyer if allegedly alienating behavior is an issue in your custody dispute.

Relocation or Living a Significant Distance Apart

Moving can complicate parenting time arrangements. Any relocation that will impact the parenting time arrangement requires notification and consent. Any parent with decision-making authority or parenting time rights must notify the other at least 60 days before a proposed relocation.

If the non-moving parent does not give consent within 30 days of the notice, the relocating parent must get permission from a court. The parent must convince the court that the relocation serves the children’s best interests.

When relocation from Toronto is a possibility, it is wise to engage a parenting time lawyer for advice. They can ensure the notice or response meets legal requirements, help parents adjust their parenting time arrangement to reflect the relocation, and present compelling arguments to persuade a court to support a parent’s position regarding relocation.

Speak With a Toronto Attorney About Parenting Time Complications

When your situation involves complicating parenting time factors in Toronto, seek help from an experienced family lawyer. They can preserve your rights whilst ensuring your parenting agreement promotes your children’s interests.

Your parenting agreement will play a crucial role in your children’s adjustment and long-term emotional health. You can rely on the lawyers at our firm for sound advice and skilled representation. We are always available to help, so reach out now.

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