How The Maximum Contact Principle Helps You Get More Parenting Time With Your Kids!

How The Maximum Contact Principle Helps You Get More Parenting Time With Your Kids!

What parent wouldn’t like equal parenting time with their children?

As I have mentioned previously, more and more parents are having equal parenting time with their children usually in the form of parenting time on a “week-about” basis.  This means that a parent has their children every second week for the full week on an ongoing basis.

However, equal parenting time is far from automatic in each separation or divorce.

The family court will review a number of factors to determine whether equal parenting time based on the principle of maximum contact for each parent with their children makes sense in a particular case.

The court will consider the existing custody arrangements and relationships between the children and each of the custodial parents.

You are more likely to get an equal parenting schedule if you can establish an equal parenting schedule as soon as possible after your separation or divorce.  You need to show that an equal parenting schedule is working or will work for your children.

For example, you and the other parent cannot live very far apart for this schedule to work.  You must usually live in the same city of community for an equal parenting time schedule to work.

If one parent lives in Whitby and the other parent lives in Mississauga, for example, equal parenting time will not work.  A judge will not permit one parent to drive their child for long distances to get to school in this example.

The court will examine the desirability of maximizing contact between the child and both parents.

Next the court will take into account the views and preferences of the children.  Their views and preference become increasingly important as they get older.

The court will finally review any disruption to the children of a change in custody and any disruption to the children on removal from family, schools, and the community that the children have come to know.

In summary, the court will examine these various factors to determine whether it is in the best interests of your children for an equal parenting time schedule.

The maximum contact principle has certainly made an equal parenting time schedule more likely these days in a separation or divorce.  However, it is not automatic in any sense!

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group?

Get more information here right now: Durham Region Separation and Divorce Legal Support Group