Guardianship / Parenting Arrangements

Parents need to make crucial decisions for their children at the time of separation. Parenting arrangements after a divorce can be complicated, but our experience will help you to make the decisions that are best for the kids.

  • Who will the children live with and on what schedule?
  • What are your parental rights and responsibilities?
  • What are the next steps?

Some issues can be resolved simply by referring to the Family Law Act . New principles regarding guardianship and parenting arrangements have clarified many points of law.

There is no longer a legal presumption that any particular arrangement is in the best interests of the children: for example,  there is no presumption that parenting time should be shared equally.  The flip side of that of course is that there is no presumption that the wife should have the majority of the parenting time after a divorce. It all depends on the particular case.

The law may be applied differently depending on the circumstances. Each case is unique and should be considered on its own facts. Even a seemingly small detail may be of great importance. In particular, the emotional and financial consequences of separation and divorce and of events leading up to them often leave parents and family members susceptible to family violence, addiction and mental health challenges. Such challenges may further complicate things.

Our team at Fletcher & Company is experienced in managing high conflict behavior. If a former spouse’s or family member’s negative behavior is interfering with you or your loved ones after separation, let us guide you through the available legal remedies that best serve you and your family.

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