Protecting Fathers’ Rights and Children’s Best Interests – The Importance of Parenting Plans in High-Conflict Cases
High-conflict parenting time and parental decision-making cases (formerly known as “custody” cases) can be challenging, especially for fathers. To protect their rights and ensure their children’s well-being, fathers need a comprehensive, child-focused, and legally enforceable Parenting Plan.
If you want to see this as an issue of “Fathers’ Rights”, I can live with that. But I much prefer approaching these issue as one of ensuring “Children’s Rights” to maintain and even expand the all important father/child bond.
What is a Parenting Plan?
A Parenting Plan outlines how parents will raise their children, including:
- Residential and other time with each parent;
- Decision-making processes for major issues;
- Communication and information-sharing between parents; and,
- Dispute resolution mechanisms.
How Parenting Plans Protect Fathers’ Rights
A detailed Parenting Plan can prevent conflicts, protect children’s rights, and safeguard fathers’ interests. A written plan avoids ambiguities and provides a clear framework for co-parenting.
Dispute Resolution Mechanisms within a Parenting Plan
A well-crafted Parenting Plan includes a detailed Dispute Resolution section. This section outlines the process for resolving conflicts, minimizing stress, and promoting a stable environment for the children. Common dispute resolution methods include:
- Mediation/Arbitration: A combination of mediation and arbitration, where a mediator helps co-parents negotiate a resolution, and if necessary, an arbitrator makes a binding decision.
- Parenting Coordinator (PC): A PC is a neutral professional who assists co-parents in resolving disputes and implementing their Parenting Plan. PCs often have the authority to make binding decisions.
- Court-Based Mediation Services: Many Ontario courts offer mediation services to help co-parents resolve disputes. These services are often facilitated by a neutral third-party mediator.
- Collaborative Family Law: This process involves co-parents working with their respective lawyers and other professionals to negotiate a resolution without going to court.
Key Considerations when choosing a dispute resolution method are:
- Effectiveness in resolving disputes
- Cost and time efficiency
- Level of control and autonomy for co-parents
- Availability and accessibility of the dispute resolution method
You do not want to have to run back to court for every issue. But you do want court to be there in the last resort if all else fails. That is much more difficult to ensure if you fail to make your parenting plan into a court order from the outset.
Court Orders: Protecting Your Rights
A written Parenting Plan should be incorporated into a court order. You may need a court’s assistance. A parent may face consequences if they disregard the court order. The Ontario Family Law Rules have some robust provisions that can enhance compliance. Court orders provide a legally enforceable framework for co-parenting. Court orders are not suggestions; they are binding and enforceable.
Contact an Ontario Family Lawyer Today
At the Gene C. Colman Law Centre we prioritize protecting children’s rights to maintain relationships with both parents. We can help you negotiate a Parenting Plan and take action when the other parent obstructs. You can take steps towards arranging an in depth consultation with Gene C. Colman by visiting us online or by calling us today at 888-389-3099.
