One of the biggest misconceptions in English law is the notion of custody. So, unlike in many countries, we don’t have custody in England. We separate out parental rightsand the issue of a child’s care. So, you have parental responsibility, which is the decisionmaking powers in relation to a child The right to be informed and consulted about key aspects of the child’s upbringing and then you have the residence and contact arrangements, as it’s known, which is obviously howa child’s time is divided. A lot of people wrongly assume that the more time a child spends with a parent
the greater their decisionmaking powers, and the greater their parental responsibility in contrast tothe other parent. That’s not the case at all and even on very unequal care arrangements if both parents have got parental responsibilty in the eyes of the law they’re equaland their decisionmaking powers are equal. A lot of people wrongly believe that if the child lives with them they can do what they want withoutreference to the other parent. So that can include changing schools, and also going on holiday
is a very common issue that comes up. A lot of nonresident parents wrongly believe that they don’t have the right to take a child on holiday and often a lot of resident parentsbelieve conversely that they can. In law, if both parents have got parental responsibility then they need the consent of theother to go outside the country for a holiday Unless they have what used to be known as a residence order, which is now a child arrangements order, in their favour in which case they can go on holiday for up to 28 days without the consent of the other.
So long as that’s not overriding a provision within the order whereby the child needs to be spending time with the other parent within that window of time. There is no such thing as a standard arrangement for the care of children. Each individual case is always looked at on its own merit So for some families, an arrangement where, forexample, a child lives with one parent during the week and sees the other parent every other weekend might be a perfect arrangement. For other familiesthat’s not going to work at all and something like a shared care arrangement
whether that be exactly 5050, or just a high amount of time in both households may work a lot better. Each case will always be looked aton its individual merits, looking at what the child’s particular needs are and what the care that each parent can give. So a lot of people sometimes don’t putforward suggestions that they think would work because they think that they areconstrained by this normal ‘standard arrangement’ but in reality that hasn’t existed for many years..
Enforcement of ExtraProvincial Child Custody Orders
Hello everyone, my name is Andrew Feldsteinand I am the founding partner of Feldstein Family Law Group. Today I will be discussingthe issue of enforcement of extraprovincial Orders. This issue is best illustrated by an example.Let us take a case where two parties are married and live in the Province of Ontario. The partieshave a child together but later choose to separate. Upon separation, one of the partiesis successful in their claim for custody of the child. After the Order is made, the accessparent moves to Alberta. Now let us presume that the custodial parent has sincere concernsregarding the access parent not returning
the child to their care. What is the bestcourse of action to ensure enforcement of the Ontario Court Order in Alberta? Section 41 of the Children’s Law ReformAct provides that upon application by any person in whose favour an Order for the custodyof or access to a child has been made by an extraprovincial tribunal, a court shall recognizethe order unless the case meets a particular exception. As such, the Order obtained in Ontario maybe taken out by way of Application in another province to ensure the Order’s enforcementoutside of Ontario. In the example given,
the custodial parent would bring such an Applicationin Alberta under the laws of the province of Alberta assuming that the province of Albertahas similar legislation as we do here in Ontario. If you have further questions regarding thecustody and/or access issues, please visit our website at www.separation.ca or call usfor an initial consultation at 9054151636..