PARENTING ARRANGEMENTS LAW ADOPTED
Since October 1, 2005, in any divorce involving children, parents must develop a parental responsibility plan which outlines the rights and responsibilities of both parents and which is in the best interest of the child. The new law outlines 16 criteria that the Court will use in determining the best interests of the child but assigns no weight to any factor, leaving the Court discretion to decide what parenting arrangement is in the best interests of the child.
Each parenting plan must now establish how the parents will consult with each other in making major decisions regarding the child’s health, education, and religion as well as provide for a schedule of physical residence. In the past, divorce agreements usually included the former but not necessarily the latter, leading many returns to Court to contest interpretations of "flexible" parenting schedules.
An aspect of the new law of special interest to mental health professionals is the requirement that parents develop a plan to resolving future disputes including when appropriate, consulting with a mental health professional to craft developmentally appropriate arrangements for the child. A totally new and long overdue provision in this law is that the parenting arrangements plan must deal with the changing needs of the child as he/she matures. In the past, parenting plans were static documents that provided for a parenting schedule that was suitable at the time of divorce but no mechanism for consultation and modification as the child grew older and needs changed.
Another interesting item contained in the new law is somewhat tangential but important. In many households prior to the divorce being granted, the tension level is so high that parents and children suffer emotionally. The solution has always been to have one adult move out in an effort to reduce tension. However, due to fear that he/she would be perceived as abandoning the other and the home and thereby be at a disadvantage in the subsequent settlement, both parties often stayed in the home to the detriment of the child. The new law provides that if there are children in the household and one parent leaves the home voluntarily, and the Court finds that the voluntary leaving was in the best interests of the child, the Court will take that fact into account when deciding parental responsibility and custody. Parents now will be able to put the child’s needs first without fearing they will be disadvantaged financially or in custody rulings by the Court.