What Is A Parenting Order?
Parenting order is a legal arrangement through which separated or divorced parents decide on the decision-making responsibility, parenting time, or contact with regard to the child/children of a marriage. Typically, a parenting plan consists of decisions regarding education, health, and welfare of the child. It also outlines the arrangements for the child’s permanent residence and the visiting schedule of the child with the other parent and the dispute resolution methods between the parents regarding the child.
In Canada, parenting plans are typically negotiated between the parents with the help of a mediator or a family lawyer. It is pertinent to note that not only the parties to the divorce but the court if it finds that the parenting plan is not in the best interests of the child, then in such a case, the court can make modifications in the parenting plan pursuant to section 16.6 (1) of the Divorce Act.
This blog post will articulate on how parenting plans are made by taking into account the “best interests of the child” with the help of a case concerning F.S. v M.B.T.
Brief Overview Of Facts Of The Case
The parties in F.S. v M.B.T. were married to each other in 2010 in Kenya. The mother came to Canada through a sponsor by her husband after the birth of their daughter.
The wife excluded her claim to the matrimonial property and also agreed to omit the same from the net calculation of family property.
Until 2018, the mother was the principal caretaker of the child. The mother started working in 2018 and in 2021 the couple separated. After separation, the permanent residence of the child was solely at her mother’s house.
When the mother filed for parenting plan and spousal support, she also submitted that the father had a history of family violence towards her and the child.
However, such claims were rebutted by the father and he submitted that the wife is furnishing false allegations against him and is a tactic to acquire housing and governmental benefits. The father also maintained that it was the mother who had alienated his child from him.
How Did The Court Analyze The Matter?
After the parties’ submission, two questions were posed before the Ontario Court of Justice:
- How should a parenting plan be made that does not discredit the best interests of the child?
- Is the wife entitled to spousal support? If yes, then what would be the amount and duration of the spousal support?
What Was The Court’s Ruling?
Firstly, the court took into account the fact that it was the mother who chiefly supported and took care of the child throughout. Only when he was ordered by the court to make child support payments in May 2022, then he gave child support payment. It is to note that the father had done major transactions to his family when he sold the house in 2022 but did not give child support payments until he asked to do so. Therefore, the court went on to declare the conduct of the father as “financial abuse.”
Secondly, the court declared the father as a non-credible and unreliable witness because of his aggressive and dominating behavior during the testimony. The father’s domineering behavior throughout his testimony sustained the mother’s claim that she was afraid of him as he had dominated his will on her which could be clearly proven through the father’s controlling aspect even during the litigation process.
Thirdly, regarding the child’s preferences, the court declared them independent as the child did not wish to see her father. The courts set aside the father’s claim pertaining to the disaffection of the child from him and were not influenced by the mother, in fact it was the father’s insensitivity towards his daughter. The claims purported by the mother with regard to the indefinite spousal support were supported by the court in light of the evidence presented by her.
The Decision Of OCJ Was Based On The “Best Interests Of The Child”
The Ontario court system places a strong emphasis on the best interests of the child and seeks to ensure that children are protected from harm, including exposure to violence and domination. If there is evidence that someone who is violent and dominating poses a risk to the safety and well-being of a child, the court may issue an order that restricts or prohibits their contact with the child. The court may also order supervised visitation or require the violent party to complete counselling or other interventions to address their behavior.
Therefore, the court granted the sole decision-making responsibility of the child to the mother. Considering the child’s preferences and views about her father, the court ruled it would be in the best interests of the child to be mistreated if the father had the authority to have information regarding her daughter.
Furthermore, the mother did not need father’s approval if she wanted to take an international trip. The discretion regarding the parenting time of the daughter with her father was solely with the mother. The court also suggested that the father should take counselling and parenting courses due to his insensitive behavior toward his child otherwise he won’t be allowed to bring a motion of change without doing so.
The mother’s spousal support request was sustained and she was also asked to facilitate the child’s contact and relationship with her father by means of individual counselling through a professional.
Parenting orders are binding and must be followed by all parties involved. If a party fails to comply with a parenting order, they may face legal consequences.
Contact The Lawyers At Ayaz Mehdi Professional Corporation
It is important to note that court decisions are based on the specific facts and circumstances of each case and are made in accordance with Ontario family law. If you have concerns about a specific court order or the safety of a child, you can reach out to the family law lawyers at Ayaz Mehdi Professional Corporation.
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