Everyone knows that going through a divorce or separation can be an incredibly stressful and emotional situation. When children are involved, this stress is only increased. Separating parents may not be aware that they must negotiate and establish parenting schedules, determine decision making authority and begin child support payments, all with little to no understanding of these concepts. A failure to determine these issues may have large implications moving forward, including withholding of the children and substantial child support arrears. Even when parents are aware that access, custody and child support must be determined, they may be unsure of how best to protect themselves and ensure their agreement is followed and enforceable.
In some cases, parents will attempt to resolve the issues of custody, access and child support through directly negotiating with the other parent. In many cases, in order to avoid a lengthy Court battle and sky-high legal fees, the parties will simply discuss their plan for the children amongst each other. While this option will avoid Court and legal fees, it does nothing to ensure either side abides by this agreement in the future. As a result, should either parent decide not to follow the agreement, the other parent may have little to no proof of the prior agreement. If any dispute arises as to the terms of access, custody and child support and what was discussed and agreed upon, there are no written terms to refer to. Further, there may be no agreed upon method to resolve any disputes that may arise. Even in the best of circumstances, an informal agreement leaves parents open to possible conflict in the future with no clear method of enforcement or dispute resolution.
Thankfully, there is a more cost effective yet reliable way to secure your plan for your children. Many parents will enter into a Parenting Plan which dictates the terms of their parenting time, decision making authority and support obligations. A specific and well drafted Parenting Plan will ensure that both parents are fully aware of their rights and expectations with respect to the child, as well as providing a path to resolve any disputes that may arise. If either parent fails to follow the terms of the Plan, the other parent has legal recourse by way of challenging the other parent’s actions in Court.
Your Parenting Plan will only be enforceable if it is legally binding. It is therefore crucial that it be drafted properly and according to the applicant provincial and federal laws. Without ensuring your Parenting Plan is correct and clear, it may not be enforceable. Further, if your plan is not drafted properly, you could end up stuck in an agreement that does not protect your children or your rights.
If you already have a Parenting Plan and need information on amending it to better reflect your needs, please see our blog post on Modifying Your Parenting Agreement.
If you require assistance changing or reviewing your Parenting Plan,
call Plaine Law at 226-884-5144 for a FREE CONSULTATION.
