What are the Rights of Divorced Parents Over the Child ?

When it comes to divorce or legal separation between partners who have common children, whether it is an agreement or a lawsuit, one of the issues that must be addressed is the custody of minor children or the exercise of parental rights. Our legislation knows two ways to exercise parental rights: jointly and independently. The mediation lawyer in ottawa will provide you with the right legal help for you needs.

Joint exercise of parental rights

The  joint exercise of parental rights implies that, after the termination of the community of life, former partners continue to make all decisions concerning the children jointly and consensually.

In doing so, it is important to note that parental rights are indivisible and it cannot be determined that one parent overrides individual rights that are part of the parental right and that some other rights are exercised by the other parent.

Parents will jointly exercise parental rights after termination of the community of life if they have entered into a written agreement thereon and if the court has determined that such agreement is in the best interests of the child. Thus, even in a situation where there is an agreement between the former partners on the joint exercise of parental rights, in order for the court to decide on it, it must determine that such an agreement is in the best interests of the child.

In practice, this method of exercising parental rights has proven to be extremely demanding, even for those parents who have remained in harmonious relationships and in whom there is good communication, because it requires that the former partners act as if they were still married, given the that frequent contacts and day-to-day arrangements are needed on numerous issues affecting the child's life. For this reason, joint custody is recommended for parents who have, after all, remained in good relationships, with mutual respect and good communication. In such a situation, it turned out that the children were also much more able to bear the separation of father and mother. However, if there are conflicts, poor communication and other problems that have caused the divorce, this model should be avoided.

The place of residence of the child, i.e. where and with whom the child will live, is an integral part of the agreement on joint exercise of parental rights. Therefore, the child lives with only one parent, while the dynamics of seeing with the other parent are determined in concert and depending on the obligations.

Independent exercise of parental rights

Independent exercise of parental rights implies that joint children will be entrusted to one parent, while determining how to maintain personal relationships with the other parent and the amount of support. Parents who are not trusted by children have the right to keep in touch with them, to support them, and to decide on all issues that significantly affect the lives of children (such as change of residence, education, major medical procedures, disposal of property of greater value, etc.).

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