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Parenting issues during separation and divorce

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Parenting issues during separation and divorce

PARENTING ISSUES DURING SEPARATION AND DIVORCE

If you are going through a separation or divorce, you and your spouse need to reach an agreement in relation to parenting issues or a judge will make an Order in relation to parenting issues which includes parenting decision-making and parenting time.

PARENTING DECISION-MAKING
One of the most contentious issues that arises during a separation or divorce is child related decisions, including:
•    Where will the child live?
•    How much time will each parent spend with the child?
•    How will parents make major decisions about how to care for and raise the child?

Decision-making responsibility is the right to make major decisions about how to care for and raise your child. Decision-making responsibility was formerly referred to as ‘custody’.

The parent with decision-making responsibility has the right to make important decisions about:
•    The child’s education
•    The child’s medical care
•    The child’s religion
•    The child’s welfare

Decision-making responsibility can be divided in a number of ways, including:
•    One parent has sole the decision-making responsibility, and may or may not need to consult the other parent prior to making any major decisions;
•    Both parents have decision-making responsibility, although one parent may or may not have say regarding major decisions that affect the child(ren); or
•    Each parent is responsible for different areas. For example, one parent makes decisions about the child's health and another parent makes decisions about the child's education.

PARENTING TIME

The time that a child spends in the care of a parent is called parenting time. Parenting time was formally referred to as ‘access’. When a child lives with one parent, the non-custodial parent has  the right to spend time with the child considering the child’s best interests.

There are various types of parenting arrangements, depending on the child’s needs and best interest.
It is advisable to contact a family lawyer to learn more about your parenting rights and obligation.


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