If the parents can't agree on a parenting plan, the judge has no option but to
order equal parenting time, regardless of the logistics.
In other cases, the court might
order equal parenting time, but in all cases, courts must order parenting plans that maximize each parents parenting time with their children.
Not exact matches
A trial was held and the family court entered an
order awarding joint custody and
equal parenting time between Father and Mother.
[9] The most important provisions in the
order, from my perspective, were that the defendant was required to produce to the plaintiff her monthly work schedule as soon as reasonably possible but in any event within 48 hours of receiving it; that upon receiving the defendant's work schedule the plaintiff was required to draw a calendar setting out
parenting time for each
parent for the coming month, the primary aim being to see that the children spend
equal time with both
parents if possible.
Such interim
orders contained provisions stating that the plaintiff and the defendant shall have interim joint custody and guardianship, that the primary address of the children shall be the defendant's address, that for the purpose of access arrangements the plaintiff shall promptly inform the defendant of her monthly work schedule, and the defendant shall make efforts to ensure the children spend
equal time with both the plaintiff and the defendant and, upon receipt of such work schedule, draw a calendar setting out
parenting time for each
parent for the coming month, and that the plaintiff shall be allowed to travel to Japan with the children from November 2, 2002 through November 18, 2002.
Yet under the Family Law amendment, judicial
orders for these couples must apply a presumption that
equal shared responsibility is in the best interests of a child and consequently, a judge must «favourably» consider a further
order that a child spend
equal time with each
parent.
A very general
Parenting Order may simply state that each parent has equal parenting time, meaning the child spends an equal amount of time with each parent and all decisions regarding the child are equall
Parenting Order may simply state that each
parent has
equal parenting time, meaning the child spends an equal amount of time with each parent and all decisions regarding the child are equall
parenting time, meaning the child spends an
equal amount of
time with each
parent and all decisions regarding the child are equally shared.
If the
parent proposing the move or removal has sole legal or joint legal custody of the child and the child resides with that
parent for the greater period of
time or the
parents have substantially
equal periods of physical placement with the child, as an alternative to the petition, motion or
order to show cause under par.
Parents share a joint and
equal responsibility for following
parenting time orders.
When there is near
equal parenting time, and the custodial
parent has significantly higher income than the noncustodial
parent, application of the
parenting time credit should result in an
order for the child support to be paid from a custodial
parent to a noncustodial
parent, absent grounds for a deviation.
The judge
ordered roughly
equal parenting time, which was what J had said he wanted.
-- Enabling
parenting coordination by agreement or court
order; — Amending the Commercial Arbitration Act to address family arbitrations; — integrating reproductive technologies into determining a child's legal
parents; — Replacing the terms «custody» and «access» with «guardianship» and «
parenting time»; — Defining «guardianship» through a list of «parental responsibilities» that can be allocated to allow for more customized
parenting arrangements; — Extending the legislative property division regime to common - law spouses who have lived together for two years in a marriage - like relationship or who are in marriage - like relationship of some permanence and have children together; — Excluding certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50 - 50; and — Providing that debts are subject to
equal division.
In joint custody situations, support may not be
ordered at all if the
parents have similar incomes and spend an
equal amount of
time with the child.
More and more decisions are coming down
ordering equal time shared
parenting.
Absent a joint custody agreement by the
parents that includes an unequal physical custody arrangement, a judge is now required to
order joint custody with an
equal amount of
parenting time, regardless of where the
parent lives, unless one
parent is ruled to be unfit.
But when shared responsibility is imposed (child abuse or family violence cancels the presumption), the courts are required to consider a further
order that a child spend
equal time with each of the
parents.
Court
orders entitle some noncustodial
parents to
equal amounts of
time with the child as the custodian has.
(c) if it is, consider making an
order to provide (or including a provision in the
order) for the child to spend
equal time with each of the
parents.
(b) the court does not make an
order (or include a provision in the
order) for the child to spend
equal time with each of the
parents; and
FAMILY LAW — CHILDREN — Best interests — Where both
parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the court
ordered for the child to spend no
time with applicant father — Where the court has a statutory mandate to make
parenting orders with the child's best interests as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both
parents — Where the child's clear views that he does not want to spend
time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the court is satisfied that it is in the child's best interests for the presumption of
equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother as he considers appropriate to his needs and circumstances — Where the
orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the effect of the
orders and the reasons for judgment explained to him by an expert as soon as reasonably practical.
Less commonly, in what we will refer to as a shared custody
order, the
parents share primary physical custody, and the children spend nearly
equal time with each
parent.
Last year Kentucky passed a law making joint physical custody and
equal parenting time the norm in all temporary
orders before a divorce is finalized.
If a
parent with the majority of or an
equal amount of
parenting time wants to move under certain circumstances, they need to obtain the agreement of the other
parent or a court
order.
The CBA objects to the proposed legislation, which says
equal parenting time and responsibility must be
ordered in every case.
Arizona courts have interpreted joint legal decision - making and
equal 50 - 50
parenting time as their default
orders based on recent law and precedent.
As
equal parenting time and joint legal decision making are almost a given (aside from certain specific activities that rebut the presumption),
parents can work from that place in
order to personalize and custom tailor their specific agreements to fit their schedules, and their children's needs.
Even after explosive divorce litigation in Arizona, judge -
ordered outcomes of joint legal decision - making and
equal parenting time are still most common.
It would add an approach based on an
equal sharing of the parental role and will replace the terms «custody» and «access» with «
parenting orders», «parental responsibility» and «
parenting time».
A physical custody arrangement where
parents share
equal parenting time will be
ordered by a Kansas judge if
parents are in agreement with that arrangement.
Bill C - 560 aimed to implement a presumption of
equal shared
parenting — where the starting point for negotiations between separated
parents was to be as close to
equal time shared as possible with their children and to «replace the concept of «custody
orders» with that of «
parenting orders.
Joint physical custody means that physical custody is shared by both
parents in
order to assure the child of substantially
equal time and contact with both
parents.
Brown v. Lloyd was a motion by the dad to change the previous final
order so as to increase his already liberal access
time with his then 9 year old son to
equal parenting time.
Arizona courts have shown a willingness to
order equal physical
parenting time for both
parents.
The children are often the ones who suffer the most in these types of conflicts, and in
order to provide a better environment for children following divorce, the Michigan House of Representatives is currently considering legislation which would give
equal parenting time to divorced
parents.