If guardians cannot agree, they can apply to Court for a Parenting Order that will spell out how they are to exercise their rights and responsibilities.
A mother or a father who is not a guardian can apply to the Court to be appointed as a guardian if certain conditions are met.
It is also important to note that a Parenting Order may be reviewed by a Court and varied if a change in circumstances is shown.
Parenting time set out by a Parenting Order may be very general or very specific.
Parenting Orders may also state that the child primarily resides with one parent and that parent is the one who makes the day-to-day decisions regarding the child.
The other parent will have specified parenting time with the child.
An example of this would be where a Court imposes a condition that requires the parent to attend counselling or that visits must be supervised.
PARENTING TIME The Parenting Order sets out how decisions about the child are to be made and how and when the child’s time is to be shared between the parents. Each parent is presumed to have equal rights to parenting time.
This means that each parent has equal obligations and responsibilities for the care and upbringing of the child.
It is assumed that the two parents will reach an agreement on major decisions affecting their child.
Until there is a Parenting Order, neither parent has the right to deny the other parent the right to see the child.