Navigating Parenting Time
The Parenting Time Factor - A Child Focused Approach
When it comes to parenting time, the courts prioritize the best interests of the child. Parenting decisions are guided by both federal and provincial laws to ensure outcomes that support the well-being of children while fostering meaningful relationships with their parents. Below, we explore the fundamental principles and recent developments in family law that every parent should understand.
Recent Changes in Parenting Laws
Key Principles of Parenting Time
Ensuring Meaningful Contact with Each Parent
Manitoba courts recognize the importance of children maintaining quality relationships with both parents. While the goal is to support these bonds, the courts prioritize the child’s well-being over an equal division of time between parents.
Gradual Adjustments to Parenting Time
For parents who have not been significantly involved in their child’s life, the courts often recommend a gradual increase in parenting time. This approach helps children adjust to changes in their routines, reducing emotional disruption and fostering stability.
Frequent, Short Visits for Young Children
Young children benefit from consistent, shorter visits with each parent, as this mirrors their pre-separation interactions. This approach helps to maintain familiarity and security in their relationships.
Considering Children’s Views
Older children may express their preferences regarding parenting time. While their opinions are taken into account, the final decision is always guided by what serves their best interests.
The “Best Interests of the Child” Standard
This principle is the cornerstone of parenting time decisions. Courts evaluate factors such as the child’s emotional and physical well-being, their relationships with each parent, and their cultural or spiritual needs to determine the most appropriate arrangement.
Disputes over parenting time can be emotionally charged. However, keeping the child’s welfare at the forefront can help reduce conflict.
Manitoba courts encourage strategies such as: structured parenting plans, mediation; and a strong focus on stability.
Judges in Manitoba make decisions based on evidence and the unique circumstances of each family. There are no presumptions of equal parenting time or one-size-fits-all solutions. The focus remains on creating arrangements that serve the child’s best interests.
What Is the Parenting Time Factor?
Divorce can be hard, especially when it comes to figuring out parenting time. It’s important to focus on what’s best for your child while keeping the conflict as low as possible. Here are some helpful tips to make the process smoother:
Children feel safe when they know what to expect each day. Even if life is changing, try to keep things like bedtime, mealtimes, and school routines the same. Having consistent rules and schedules helps kids adjust and feel less stressed.
2. Use Neutral, Respectful Communication Methods
Talking about parenting time can bring up big emotions, but it’s important to stay calm and respectful. Use emails, texts, or parenting apps to keep communication clear and neutral. Avoid blaming or criticizing, and focus on finding solutions for your child’s benefit.
3. Engage in Mediation to Resolve Disagreements
Mediation is a process where a trained neutral person helps parents work out their parenting plan. It’s a great way to talk things through calmly and come up with fair agreements without going to court. Mediation is often faster, less stressful, and less expensive than a legal battle.
4. Keep Your Child Out of the Conflict
Never ask your child to pick sides or pass messages between parents. This puts a lot of pressure on them and can make them feel guilty or anxious. Let your child be a kid, not a go-between.
5. Be Flexible When Needed
Life doesn’t always go as planned. If the other parent asks to swap days or change times for a good reason, try to be flexible. Showing understanding can build trust and make co-parenting easier.
6. Put Your Child’s Needs First
When making decisions, ask yourself: “What’s best for my child?” Their happiness, safety, and well-being should guide your choices. Even if it’s hard, working together as co-parents helps your child thrive.
Understanding the Impact of Legal Updates
These updates encourage parents to focus on stability and continuity in their children’s lives, reducing conflict and fostering cooperative co-parenting. The legal framework now more robustly supports mediation and structured plans, aiming to minimize disputes and promote harmonious family dynamics. Parents are encouraged to seek professional guidance to navigate these changes effectively, ensuring that their arrangements reflect the best interests of their children.
Parenting time decisions can be complex. Here are answers to some frequently asked questions to help clarify the process.
What is the main factor in deciding parenting time?
The child’s best interests are the top priority in all parenting time decisions.
Can children choose which parent to live with?
Older children can express their preferences, but the court makes the final decision based on their best interests.
What happens if a parent doesn’t follow a parenting order?
Courts can enforce the order and take legal action against non-compliant parents.
Are Manitoba’s parenting time rules different from those in other provinces?
While the principles are similar across Canada, Manitoba courts apply them in ways that reflect local case law and circumstances.
How can parents reduce stress during custody disputes?
Using mediation, maintaining open communication, and focusing on the child’s needs can help reduce conflict and stress during custody disputes.
What happens if a parent violates a parenting order?
ABOUT THE AUTHOR
Jessica Rebizant was born and raised in Winnipeg, Manitoba, and earned a Bachelor of Arts (Advanced) and a Master of Arts in Political Studies from the University of Manitoba. After gaining experience in academia and government, she attended the Bora Laskin Faculty of Law at Lakehead University, graduating in 2020. Jessica then worked at Manitoba Prosecution Services as an articling student and later as a Crown Attorney, being called to the Manitoba Bar in 2021. During law school, she completed a Pro Bono placement at the Northwestern Women’s Association and a practicum at Henderson Family Law in Thunder Bay. Jessica is thrilled to rejoin the family law sector in her home province. Outside of her legal work, she enjoys Pilates, yoga, and traveling, but her favorite pastime is spending time with her family and going on nature walks with her dog, Poppy. Connect with Jessica by email or visit the firm’s website.
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If you’re considering divorce and want to understand your rights and options, reach out to us at Mercier & Associates Family Law. Our experienced team is here to support you through every aspect of the process, from custody to support and property division.
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