Parenting Time
Section 28 of the Children’s Law Reform Act, R.S.O. 1990, c. C.12 (“CLRA”) empowers the court to make parenting time orders for children. When making a parenting order or contact order for a child, the court will only take into account that child's best interests. The factors that are set out at s. 24 of the CLRA. The court must consider the child’s best interests from the perspective of the child, rather than from the perspective of a parent - Gordon v. Goertz, [1996] 2 S.C.R. 27.
The primary consdieration for a court determining the best interests of the child is the child's physical, emotional and psychological safety, security and well-being. Other factors include the child's age and stage of development (include need for stability), nature and strength of the child's relationship with each parent and other family members, and each parent's willingness to support the the child's relationship with the other parent.
The list of best interests factors is not points system that places the child with the parent who achieves the highest score. The court is tasked with taking a holistic perspective that focuses on the child's needs and with consideration to the particular circumstances of each case. The case of Phillips v. Phillips, 2021 ONSC 2480 speaks to this procedure.
Unfortunately, many families struggle with parents who have conducted themselves in a manner that is that is contrary to children's best interests. The court will determine the child's best interest with consideration to past conduct only where the past conduct is relevant to the exercise of the person’s decision-making responsibility, parenting time, or contact with the child, pursuant to section 24 (5) of the CLRA. It matters whether the parent whose past conduct has fallen short has since demonstrated a willingness to engage in learning and pro-social ways to address any problems, including domestic conflict. The passage of time since past poor conduct can also be a relevant factor.
Every family's situation is different, and the approach to determining parenting time must address the particular circumstances of each family.
Adel Afzal
Barrister and Solicitor
September 19, 2024
