Navigating Parenting Arrangements Following Separation
By Reid Fraser
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Parenting arrangements are among the most highly contested issues in a separation.
There is no doubt that property division matters can become fraught, especially when large sums are involved. But ultimately, it can often boil down to an argument over the inputs for a relatively simple mathematical formula, in which each spouse gets half of the net family property unless there is an agreement stating otherwise.
When it comes to parenting time, things are rarely straightforward: a split down the middle does not always make sense for either the parents or the children, while the emotions involved add an extra layer of complexity to proceedings.
Read on to learn more about shared parenting arrangements and whether one is right for you.
Best interests of the child
Many parents wrongly assume that shared parenting is their legal right. Indeed, several U.S. states have legislated a presumption in favour of equal shared parenting arrangements, and there have been several (failed) attempts by MPs in Ottawa to have Canada follow suit.
But for now, whether your parenting arrangements are settled under the federal Divorce Act or B.C.’s Family Law Act, the deciding factor behind the judge’s ruling will be what is in the “best interests of the child.”
Still, both laws offer similar guidance on the factors that will be considered as the court comes to a decision about what is in the best interests of the child.
They include:
- the child’s health and emotional well-being
- the child’s views
- the nature and strength of the child’s relationships with significant people in their life
- the history of the child’s care
- the child’s need for stability, given their age and stage of development
- the ability of each guardian to exercise parental responsibilities
- the impact of any family violence.
Shared parenting and child support
Child support is one area where shared parenting can have a significant impact on family law outcomes. While child support is generally due to the parent who has the majority of the parenting time with a child, a different calculation applies when shared parenting time schedules are in place.
Under B.C. law, these are arrangements where each parent has a child in their care for at least 40 per cent of the time — anywhere from 50-50 to 60-40 divisions.
However, this does not mean that a parent who has their children more than 40 per cent of the time will not owe child support. Instead, the federal guidelines set out rules for an offset calculation, which works by determining the basic amount each parent would owe if the other had sole parenting time. The person with the higher income will generally pay the other parent the difference between the two figures.
It’s important to remember that the court retains discretion to depart from the guidelines as it considers other factors, including the additional costs of shared parenting and the particular needs of either parent.
If child support is the sole driving factor behind your request for shared parenting, you may wish to reconsider as Judges do not tend to respond well when they suspect one parent is seeking to hit the 40-per-cent threshold simply for this purpose.
Shared parenting disputes
B.C. judges often grant shared parenting arrangements when both parties agree, as they are frequently seen as in the child’s best interest.
However, that’s not always the end of the matter for separated couples. As lives evolve and work or personal situations change, it can become difficult for one or more of the parties to stick to the original shared parenting agreement. In some cases, the arrangements may simply become unworkable.
When the parties are on good terms, a little flexibility can go a long way towards maintaining a shared parenting arrangement over the long term when that is possible.
Disputes often arise when at least one of the parents is a shift worker — doctors, nurses, pilots and other professionals whose unpredictable schedules prevent them from committing to traditional parenting arrangements such as a simple week-on, week-off arrangements.
In cases like this, parents may benefit from the assistance of a mediator or collaborative family law professional to help them manage challenges and disputes as they arise without resorting to court action.
*This post is not intended to be legal advice and should not be taken as such. Please contact McConnan Bion O’Connor & Peterson if you have any questions regarding this post or require assistance or legal advice regarding child support or another family law matter.