Keeping Up with Legal Lingo
The federal Divorce Act changed on March 1, 2021.
The words “Custody” and “Access” are no longer used. Instead, there are new terms being used to talk about parenting arrangements after separation.
Decision-making Responsibility has replaced “Custody.”
This new term is used to describe the role in decisions that are made regarding important decisions about a child’s well-being.
These responsibilities would include decisions on children’s health, education, religion, extracurricular activities and more.
Decision-making responsibility is most often shared between parents but can be provided to one parent where they have the authority to make decisions alone.
Parenting Time has replaced “Access.”
This new term means the time the children spend with each parent – i.e., the parenting time schedule. A parenting schedule can be tailored to what is best for your children and family.
When designing a parenting schedule, the goal is to meet your children’s needs and to foster a positive relationship with both parents.
Contact has replaced “Custody of Non-Spouse.”
This new term refers to the time the children would spend with an individual who is not a legal guardian/parent, such as a grandparent. Someone with a Contact Agreement does not have the right to make day-to-day decisions about a child, as a parent with parenting time would.
New “Best Interests of the Child” Factors are being applied.
The Divorce Act has now added that any decisions about a child must be guided by the Best Interest of the Child. Specifically, there must be consideration of each child’s physical, emotional, and psychological safety, security and well-being.
The Children’s Law Reform Act provides a list of child’s needs to be considered:
- Child’s needs based on age and stage of development;
- Nature/strength of the relationship between child and parent, siblings, and other important people;
- History of care of the children;
- Child’s views and preferences; and
- Culture.
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Blog posts are for informational purposes only, and do not constitute legal advice.
