Temporary Parenting Order
Under which legislation can a temporary parenting order be sought?
A parenting proceeding under CLRA or the Divorce Act applies the same principles apply. Both statutes use the principle of the “best interests of the child”
Why do you need a temporary parenting order and how do you get one?
A decision must be made about the parenting of the children as soon as the parents separate since a final parenting order will not be decided until trial which could be several years away. Interim parenting motions are necessary unless the parents can come to an agreement. After a court proceeding has been started and parenting claims have been made under CLRA or Divorce Act, a temporary order can be obtained by doing an interim parenting motion.
What are the factors a judge will consider in an interim parenting motion?
In Section 24(2) of the CLRA and 16(3) of the Divorce Act,, the factors are listed to determine the child’s best interests.
In addition to those factors listed, what are some other general principles that have evolved?
- Siblings are not separated
- Wishes of child are considered especially if child is older
- Past conduct of parent not considered unless impacts parenting skills
- Most important factor is the status quo. A judge will only change parenting arrangements if it is not working.
How does a judge determine a temporary parenting order?
In fact, the parent who has primary care and control of the child (de facto custody=actual custody) at interim parenting motion is generally allowed to continue this arrangement.
Why is a temporary parenting order really important?
The temporary parenting order is really important since judges are reluctant to interfere with the status quo when making final parenting orders at trial. An interim parenting order can be made permanent at trial unless it is really not working.