The relationship between a parent and a child is a legal relationship, not just an emotional one. Canada’s Divorce Act enumerates legal obligations parents have toward their children. Other laws and precedents establish additional responsibilities.
If you have an ongoing family law matter concerning your children, knowing what is expected of you is essential. Work with an experienced parenting time lawyer to ensure your understanding of parental rights and obligations in Toronto.
Changes to Canada’s Divorce Act took affect in May, 2021, and they impose specific obligations on parents. The provisions also apply to others with parental responsibility for children. Parents who believe a co-parent is violating any of their obligations should contact a Toronto lawyer for advice immediately.
Parents must always act to support their children’s best interests, even when the children’s interests conflict with their own. Prioritizing the children’s well-being is a parental obligation under the law.
Parents must care for their children’s physical, emotional, and psychological health. They must protect them from danger, and support their relationship with the co-parent. Considering the child’s preferences, communicating clearly and honestly with the coparent, and supporting the child’s relationship with extended family are all aspects of acting in the children’s best interests.
The Divorce Act obligates parents to shield their children from conflict to the degree possible. When parents are engaged in legal proceedings, they must seek out alternative forms of dispute resolution whenever possible and appropriate. The law recognizes that when a power imbalance exists between the parties or when there is a history of violence in the relationship, these methods may not be appropriate.
Parents violate the Divorce Act when they fail to comply with a court order regarding their children. Failing to pay child support as agreed, violating a parenting arrangement, or interfering with the child’s relationship with the other parent can all be violations of the Divorce Act.
The Divorce Act enumerates several parental obligations, but others are established under the common law or by other statutes. Parents with questions about these obligations should speak with a Toronto lawyer.
Parents must provide their children with the necessities of food, shelter, and clothing. Parents who live separately from their children must provide financial support. Parents are obligated to pay support regardless of their contact with the children.
Parents must ensure that their minor children receive an education. Children in Ontario must attend school from the September after their sixth birthday until the child turns 18. When a child’s birthday is between the end of the school year and December 31, they may legally stop attending school at the end of the school year after their 17th birthday.
In addition to obligations, parents have certain rights. However, a parent’s right is secondary to the children’s best interests.
For example, parents have the right to request physical custody and parenting time with their children. However, if the parent cannot provide a safe and wholesome environment for the child, they can be denied custody and parenting time. Any Toronto parent seeking to deny the right to parenting time to a co-parent should work with an experienced legal professional.
Similarly, parents have a right to participate in decisions regarding their children’s healthcare, religion, language, cultural practices, and education. However, if one parent can prove that the other is unfit to exercise this right, one parent may be granted sole decision-making authority. Even in this case, however, the parent excluded from decision-making usually retains the right to information about the children’s health, education, and religion.
Parenthood is not just about your emotional relationship with your children. You have legal obligations towards your children and rights concerning your relationship with them.
Understanding your parental rights and obligations in Toronto is critical. Reach out to our firm of experienced family lawyers if you have any questions about this important issue. We are available 24/7, so call now to get started.
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