Warning: How a Temporary Parenting Plan Can Become Final When You Didn’t Plan On That Outcome!

Warning: How a Temporary Parenting Plan Can Become Final When You Didn’t Plan On That Outcome!

You might have the best intentions on agreeing to a temporary child custody or parenting time arrangement with your former spouse.

However, this can easily become a permanent situation when you really didn’t anticipate that situation or plan on that outcome in the first place!

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

Let’s see what happened to Mark and Karen.  They had a 4-year old daughter, Kira.  Mark agreed that Karen could take their daughter, Kira, to Alberta for a few weeks to help Karen’s grandmother who was suffering from some health issues.

Then Karen decided to stay in Alberta with her daughter.

One thing you can learn from Mark and Karen is…

But, before I explain what you can learn, let me point out that the Ontario family court is very reluctant to change the status quo or existing living arrangements for children in general. 

Here’s the situation that can often arise that can cause some serious problems for you:  You agree to let your former spouse, the other parent, for example, move to another city with your children on the condition that you review this move in a few months. 

This move creates a new status quo or new situation for your children in the eyes of Ontario family law.

The problem is that this move can easily become permanent even if you both agreed to review the situation in a few months.

Where only a short amount of time has elapsed or passed between the deliberate creation of a new status quo and a parent’s decision to challenge this new status quo in court, family court will be more inclined to presume that a restoration of a previous successful status quo is appropriate.

However, the longer the child has been in a new situation or city – however it may have been created – the more closely the court will have to focus on the child’s best interests, as opposed to any violation of parental rights. 

This means that the court is more likely to let the new status quo continue if the children are doing well in their new situation or new city in which they are living.

The court found in this particular case that Mark only consented to his daughter travelling to Alberta for a short trip for the purpose of visiting family members.  Mark’s reasonable expectation at the time was that Kira would return to Ontario after six weeks.  He did not consent to any change in his daughter’s habitual or ordinary residence.

However, Mark did not do anything for a number of months in Ontario court to seek the return of his daughter, Kira, to Ontario.

The Ontario family court found that a new status quo was created for Kira in Alberta and that she should continue to live in Alberta with her mother.  The court found that Kira was doing well with her mother there.

The main lesson to learn from Mark and Karen’s situation is that you should not agree to let your former spouse set up new living arrangements for your children or move to another city with your children on even a temporary basis unless you realize that this new situation could easily become permanent. 

Make sure you spend some time with your family lawyer discussing this important issue in your separation or divorce.

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, visit my website at www.canadiandivorcelegaladvice.com, 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? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

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