16.2 (1) Parenting time may be allocated by way of a schedule.
Day-to-day decisions
(2) Unless the court orders otherwise, a person to whom parenting time is allocated under paragraph 16.1(4)(a) has exclusive authority to make, during that time, day-to-day decisions affecting the child.
Allocation of decision-making responsibility
16.3 Decision-making responsibility in respect of a child, or any aspect of that responsibility, may be allocated to either spouse, to both spouses, to a person described in paragraph 16.1(1)(b), or to any combination of those persons.
Entitlement to information
16.4 Unless the court orders otherwise, any person to whom parenting time or decision-making responsibility has been allocated is entitled to request from another person to whom parenting time or decision-making responsibility has been allocated information about the child’s well-being, including in respect of their health and education, or from any other person who is likely to have such information, and to be given such information by those persons subject to any applicable laws.
AP Commentary: When making orders that relate to children which includes parenting time, decision making responsibilities and contact with a non parent, the only consideration is the best interest of the child.
The factors that must be considered in determining a child’s best interest are listed and it includes family violence and it’s impact on decision making and parenting of the child.
A person’s past conduct is not relevant unless it has directly relates to decision making, parenting time and contact.
A court may create a parenting schedule, order that parenting time or exchanges be supervised and set limits on the geographic area within which a child must continue to live.
With respect to decision making, a court may order sole or shared decision making responsibility for major decisions affecting the child. Major decisions include: Education, Health, Religion, Culture, Spirituality and significant extra-curricular activities. However, except a court specifically orders otherwise, day to day decisions affecting a child would be made by the parent who is exercising parenting time.
Contact order
16.5 (1) A court of competent jurisdiction may, on application by a person other than a spouse, make an order providing for contact between that person and a child of the marriage.
Interim order
(2) The court may, on application by a person referred to in subsection (1), make an interim order providing for contact between that person and the child, pending the determination of the application made under that subsection.
Leave of the court
(3) A person may make an application under subsection (1) or (2) only with leave of the court, unless they obtained leave of the court to make an application under section 16.1.
Factors in determining whether to make order
(4) In determining whether to make a contact order under this section, the court shall consider all relevant factors, including whether contact between the applicant and the child could otherwise occur, for example during the parenting time of another person.
Contents of contact order
(5) The court may, in the contact order,
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- (a) provide for contact between the applicant and the child in the form of visits or by any means of communication; and
- (b) provide for any other matter that the court considers appropriate.
Terms and conditions
(6) The court may make a contact order for a definite or indefinite period or until a specified event occurs, and may impose any terms, conditions and restrictions that it considers appropriate.
Supervision
(7) The order may require that the contact or transfer of the child from one person to another be supervised.
Prohibition on removal of child
(8) The order may provide that a child shall not be removed from a specified geographic area without the written consent of any specified person or without a court order authorizing the removal.
Variation of parenting order
(9) If a parenting order in respect of the child has already been made, the court may make an order varying the parenting order to take into account a contact order it makes under this section, and subsections 17(3) and (11) apply as a consequence with any necessary modifications.
AP Commentary: Contact Orders ensure that the child continues to spend time with the special people in their lives such as grand parents and extended family.
Leave of the court is required to seek a contact order.
Parenting plan
16.6 (1) The court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.
Definition of parenting plan
(2) In subsection (1), parenting plan means a document or part of a document that contains the elements relating to parenting time, decision-making responsibility or contact to which the parties agree.
Change in Place of Residence
Non-application
16.7 Section 16.8 does not apply to a change in the place of residence that is a relocation.
Notice
16.8 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.
Form and content of notice
(2) The notice shall be given in writing and shall set out
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- (a) the date on which the change is expected to occur; and
- (b) the address of the new place of residence and contact information of the person or child, as the case may be.
Exception
(3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections do not apply or may modify them, including where there is a risk of family violence.
Application without notice
(4) An application referred to in subsection (3) may be made without notice to any other party.
AP Commentary: A person can change the place of residence of a child without a court order or the consent of the other party, if such change will not have a significant impact on the other party’s parenting time. They do need to give notice of the change of address to the other parent or anyone with a contact order for that child, except where there is a risk of family violence.