In Canada, shared custody is a common arrangement that lets both parents be involved in raising their child after a separation. This plan is meant to make sure that the child stays close to both parents as long as it is in the child’s best interest to do so.
The time is usually split evenly or in a way that works for everyone. It’s more than just spending time with the child; it also means making decisions together about important parts of the child’s life, like school, health care, and hobbies outside of school. It is very important for parents in Canada who are going through shared parenting to understand the laws and rules that govern it.
What is Shared Custody?
After a divorce or separation, shared custody means that both parents have equal rights and duties when it comes to raising their children. When a child spends at least 40% of their time with each parent, that’s what Canada calls “shared custody.” When parents share custody, they make decisions together about important parts of the child’s life, like their schooling, health care, and overall well-being.
How Does the Legal Framework of Shared Custody Work in Canada?
Canada’s shared custody laws come from two main sources: the Divorce Act for parents who are divorced and provincial family laws for people who are separated but not technically divorced. When parents share custody, the child’s best interests are put first in all choices. This makes sure that the child’s emotional, physical, and developmental needs are met.
Parents are urged to work together and make a parenting plan in order to reach a shared custody agreement. This plan shows how time will be split up, who will make decisions, and how disagreements will be settled. If the parents can’t come to an agreement, the case may go to court, where a judge will look at things like
- How the child gets along with each parent.
- The ability of each parent to provide a stable environment.
- The child’s choices (based on their age and level of development).
The law also stresses co-parenting responsibilities, which means that parents must work together to make important choices about their child’s schooling, health care, and activities outside of school.
To settle disagreements without going to court, mediation services are often suggested. This is because it is faster and less stressful for the child.
How to Calculate Shared Custody?
The shared custody plan in Canada meets the legal requirements, and you have to figure out how much time the child spends with each parent. To figure this out, each parent needs to keep track of how many days or hours the child spends with them. This covers stays of more than one night, weekends, holidays, and extra time spent during school breaks.
The fraction given to each parent is found by comparing the total number of hours or days to the total amount of time in a year. It is very important to have accurate records because this figure has a direct effect on child support payments under federal and provincial rules.
How to Determine Child Support Amount in Shared Custody?
In Canada, when there is shared custody, the child support amount is based on both parents’ incomes and the shared parenting duties.
Determine Each Parent’s Income
The Federal Child Support Guidelines say that both parents must report their yearly gross income. This makes sure that the process of judging financial duty is clear.
Calculate Base Child Support Amounts
Use the Federal Child Support Tables to figure out how much each parent would pay if one parent had full care of the child. This number is based on how much money you make and how many kids you have.
Offset Child Support Formula
The offset method is often used in shared parenting. Take the parent with less income’s support obligation and subtract it from the parent with more income’s duty. The parent with more money pays more in child support because of the difference.
Adjust for Shared Expenses
When parents share custody, they often have to pay more for things like housing, school, and hobbies outside of school. These costs could be split up based on how much each person makes.
Court or Agreement Approval
The calculated amount and how to split costs must be written down in a parenting plan or court order. This is to make sure that everything is fair and follows the law.
How the Parenting Order and Agreement Work in Shared Custody?
In Canada, when parents separate custody, a parenting agreement outlines each parent’s duties and how much time they will spend with their child.
Parenting Agreement
A parenting agreement is a written document that both parents can choose to make and agree to, generally without going to court. It includes
- The division of parenting time (days, holidays, and school breaks).
- Rights to make choices about their schooling, health care, and extracurricular activities.
- Set up ways to talk to the child while they are with the other parent.
- There are ways to settle disagreements, such as mediation.
Parenting Order
If parents can’t agree on how to raise their child, the court will make a parenting order. The court decides what’s best for the child by looking at things like the child’s relationship with each parent, how stable the child is, and how well each parent can care for the child.
What are the Differences between Shared Custody and Joint Custody?
In Canada, the words “shared custody” and “joint custody” are often used to talk about child custody, but they mean different things and are used in different situations.
Shared Custody
Shared parenting usually means that both parents share time with their children. The child must spend at least 40% of their time with each parent over the course of a year. Shared custody makes sure that both parents are involved in their child’s daily life, such as spending time together and splitting costs like food, housing, and activities.
Joint Custody
In joint custody, making decisions is more important than sharing time. When parents share custody, they each have the same rights and duties when it comes to making big choices about their child’s life. Joint custody doesn’t mean that the child spends equal time with both parents.
Key Difference
The main difference is what the terms mean: shared custody means sharing time, while joint custody means making decisions together. Parents may have both shared and joint custody at the same time, making sure that both parents have an equal say in when things happen and what choices are made.
Final Words
In Canada, shared custody is a formal arrangement that makes sure both parents are involved in raising their child while putting the child’s best interests first. Parents must work together and talk to each other to make sure the plan works for everyone. In the end, shared custody helps kids have healthy interactions and a safe place to live.