Torn apart from each other and don’t know how to make decisions regarding your child’s access and visitation rights? This is indeed one of the painful phases in every parent’s life.
Plus, they are also quite complicated, and a small mistake is enough to jeopardize things. Luckily, we have got your back! You don’t need to worry anymore as we have come up with a team of top-rated and highly skilled lawyers to help you with Regina’s access and visitation rights.
From negotiation to helping you fight in court, enforcing the court’s access orders, and making the needed modifications–we will take care of everything.
How is Parenting Time Determined in Saskatchewan?
Parenting time is typically determined by mutual agreement between parents. However, if they are unable to reach a fair arrangement, the court may step in to create one.
Courts always favor the agreements that come with a fair distribution of allocated time, reserved for both parents. Anywhere close to the proximity it seems close enough is usually chosen by the court. For each parent, a rough estimation of 182 overnights must be included.
There is no specific math you need to make. Instead, with mutual consent and negotiating with each other, you can make the parenting time as flexible as you want.
However, the final decision will lie upon the court. In case they think modifications are required or the time is too one-sided towards one parent, then they reserve all the right to make amendments and give any access rights (reasonable, fixed, supervised, or no access).
However, the court always takes several variables into consideration while making this kind of decision. After all, the child’s best interest lies in this single decision.
Hence, try to make the parenting time by allocating a fair time for both parents. Plus, you can also add some suggested schedules, such as outlining the pick-ups, drop-offs, travels, etc.
The lawyers at Regina Divorce Lawyer can ideally help you draft this specific access and visitation agreement precisely. So everyone’s rights and responsibilities are clear, and the court cannot find any kind of mistakes with it.
What Does the Court Consider While Making the Decision?
The court always thinks about the child’s welfare while passing a verdict about the parenting time.
Some of the common factors that the court takes into account are as follows:
- The relationship of the child with the parent or the person wanting the visitation rights
- The child’s personality and character
- Is the child okay emotionally? Or does s/he needs any kind of emotional needs?
- The child’s social, economic, and physical conditions
- The financial condition of the person wanting to be the child’s legal guardian
- Quality of the proposed home environment for the child
- What are the future plans of the person for the child?
- Is there any preference of the child with whom s/he wants to live till they gain maturity?
- Does the person have any bad record involving the child?
N.B: Keep these general factors in mind while developing the parenting plan. These are the most common ones that almost every court checks with the inclusion of some other points, based on the requirements of the case.
Can a Custodial Parent Stop Visitation?
In short, No. The custodial parents reserve no such rights to stop the visitation of the non-custodial parent, as discussed in the divorce decree. In fact, if anyone practices or tries to do so will have to face the court.
However, if the custodial parent thinks that meeting or spending time with the non-custodial parent is harmful to the child in any way, they must notify the court and ask for visitation end.
Thus the legal authority can remain notified of the scenario and look into the matter. In such kind of cases, the meeting of the child and the noncustodial parent is conducted through total supervision.
Can I Get Supervised Visitation Rights?
If the court has taken away all of your access rights, you might try to get them back on a supervisory basis. But, you will have to prove to them that you have solved all the issues that once posed a threat to the child’s life.
For instance, if you used to have drinking or drug problems, you will have to show to the court that you have successfully completed a rehab program, along with being able to remain sober for a substantial amount of time for now.
The court will then assign a 3rd party to supervise your visitation right from the start to the end. If you can continue bringing positive changes and prove to the authorities that you have completely changed into a new person with no bad habits, you can appeal for regular access time. The rest will depend on the court.
For any such similar cases, the wise decision is to take legal help from an experienced lawyer. They will be able to arrange the case properly and guide you in the right direction so that you get the deserving result.
What Happens If We Cannot Reach a Mutual Agreement on the Parenting Plan?
The best is to sit together and make the parenting plan while discussing it with each other. As a parent, nobody knows the best for your child as you do.
And in case, you cannot agree on any terms; the court will recommend both of you attend meditation to reach a common ground. However, if you still cannot arrive at one, the court will have no longer way but to make the entire decision by themselves. This, in return, will impact the child’s custody and access rights.
They will review and take all the crucial factors into consideration that impact the child’s best interests. Hence, as a loving and responsible parent to your child, try to set apart all your grudges and hatred for once to reach a mutual agreement. Trust the process, as in the end, you will certainly come up with the best parenting plan for your child.
Get the Legal Help You Need!
Having access and visitation rights problems? Please schedule a consultation with one of our experts to talk about your case.
Call us at (306) 791-2189 or email us at contact@reginadivorcelawyer.ca. We are always available 24/7 to serve you.
Frequently Asked Questions
Can a parent stop a child from seeing the other parent in Canada?
The answer is a big “No.” No parent can stop the other parent from seeing their own child just because they dont want to, especially after declining everything on the divorce decree. However, if the other parent poses a threat to the child in any way, physically or emotionally, they can stop the visit by taking a restraining order from the court right at that instant.
What makes a parent unfit in Canada?
If a parent fails to carry out their parental duties, due to any subsistence abuse or mental illness, it will certainly make the parent unfit to take care of the child. The person who couldn’t take care of themselves can no longer take care of the child.
What to do when your child doesn’t want to go with the other parent?
If your child doesn’t want to go with the other parent, talk and sort things out with your child. Try to get to the bottom of the reason and let your child express their emotions. Instead of talking and scolding like a parent, try to settle things out as a friend. Otherwise, along with your child, you will also suffer.
Do I have the right to know who my child is around?
Yes, as a parent, you generally have the right to know who your child is spending time with when they are in the care of the other parent.
Can grandparents sue for visitation rights in Canada?
In Canada, grandparents can seek visitation rights through the courts if it's in the child's best interests, but they don't have an automatic right. Laws vary by province.
