When parents are involved in a divorce or separation, they need to establish a parenting time arrangement. Often the parties will seek temporary orders from the court that remain in effect until their dispute is resolved.
A Toronto temporary parenting time order lawyer at our firm can help. Our legal professionals can work to obtain a temporary order as quickly and cost-effectively as possible.
Parents are not required to have an official court order regarding parenting time and other issues concerning children. An informal understanding between you and your co-parent is acceptable.
However, there are disadvantages to informal arrangements—the main one being they are not enforceable. A temporary order is wise when you are concerned about:
Even if you have none of these concerns, a temporary parenting order provides clarity, certainty, and enforceability.
A Toronto family lawyer can review your specific circumstances and advise you on the most efficient way to proceed. When you and your co-parent already have a parenting time agreement, obtaining a temporary order is simpler.
When you seek a temporary order confirming your informal agreement you must set out your parenting time agreement in writing and sign it. This is called the minutes of settlement. A Toronto lawyer can help you draft minutes of settlement. You then file papers at the courthouse seeking a motion on consent.
When you and your co-parent agree on the temporary order and submit minutes of settlement, Ontario Family Law Rule 25 says the court does not need to have a hearing. Instead, the judge will review your documents, and if your arrangement serves the best interests of the children, the court will issue a temporary parenting time order.
The process is more complicated when you and your co-parent disagree about parenting time. You must file forms with the court asking for a motion and describing the parenting time arrangement you seek. You must serve copies of the papers on your co-parent.
Your co-parent has the opportunity to respond and submit their own request for orders. These may request a different parenting time arrangement. The court will hold a hearing, consider the evidence you and your co-parent present, and make a decision based on the best interests of the children.
Engaging a Toronto lawyer with experience in parenting time matters can considerably simplify getting a temporary order. They can ensure that forms are complete, accurate, and filed and served timely. They also can help you compile and present evidence that supports your parenting time goals.
Separating from your spouse or co-parent is often a tumultuous time. It is difficult for you, and even more so for the children. A temporary parenting time order can provide a degree of security and certainty for everyone.
The process can be complicated, so reach out to a Toronto temporary parenting time order lawyer for help. We are available around the clock to respond to your questions.
Now you can have your Consultation with Paul Riley any time from the comfort of your own home. With video calls from Zoom, your Team at The Riley Divorce & Family Law Firm can meet with you virtually, and learn about your case. All you need is a smartphone, tablet, laptop, or desktop with a built-in camera and microphone.
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