How do I get supervised parenting time in Calgary?
Calgary Supervised Parenting Time Lawyers deal with disputes over the time a child of separated parents spends with each of them. MacLean Law’s Lawyers also help out with arguments over who makes decisions for the child’s upbringing. Finally, Calgary Supervised Parenting Time Lawyers deal with issues of whether parenting time or child access needs to have conditions on it to protect the child and promote the child’s best interests. Supervised parenting time or child access and child contact is rare but will be ordered in cases where there are concerns about a parent’s ability to maintain the child in a safe environment if they are left alone with the child.
Calgary Supervised Parenting Time Lawyers 1-877-602-9900
Lorne MacLean, QC founder of MacLean Law and winning counsel in Canada’s leading child custody case of Young v. Young explains:
- BC Family Law Act 37 (1) section, makes it clear that the only consideration a court must focus on in a family case involving parenting time, guardianship and contact is the best interests of the child.
- The courts across Canada also have placed a newfound emphasis on stopping family violence. Family violence is defined in the FLA as including physical abuse, sexual abuse, psychological or emotional abuse of any family member. How does family violence affect children?
- Parenting skill deficiencies such as incompetent or distracted parenting, untreated substance abuse and involvement in criminal activities are also factors courts will view as serious red flags in any parenting time case.
Calgary Supervised Parenting Time Lawyers Explain The Test
A recent BC Supreme Court decision of Maher v. Maher 2018 BCSC 275 reviewed the law on what must be proven before supervised parenting time will be ordered:
[61] The respondent noted that supervised parenting is an extreme, which is next only to termination of access. He referred to the comments of Madam Justice Griffin in F.K. v. M.K., 2010 BCSC 563 at para. 147:
[147] In V.S.J. v. L.J.G., [2004] O.T.C. 460 (S.C.J.), the court found that an order for supervised access, like termination of access, requires evidence of exceptional circumstances as it is just one small step away from a complete termination of the parent-child relationship. …
[62] The respondent argued that there were no exceptional circumstances here. He referred to the factors to be considered from para. 149 of F.K., as follows:
[149] At paragraph 143 of V.S.J. v. L.J.G, the court stated that when terminating or restricting access, it is necessary for the court to weigh and balance numerous factors in the context of the child’s best interests including:
1. The maximum contact principle;
2. The right of a child to know and have a relationship with each parent;
3. A limitation of a consideration of parental conduct to that conduct which impacts on the child;
4. The risk of harm: emotional, physical and sexual;
5. The nature of the relationship between the parents and its impact on the child;
6. The nature of the relationship and attachment between the access parent and the child; and,
7. The commitment of the access parent to the child.
How do I get supervised parenting time in Calgary? Calgary Supervised Parenting Time Lawyers New Case Applies Test
In Maher the court reviewed the husband’s anger management issues, his coercive behaviours to the family, and his impaired ability to excercise parental responsibilities and ordered his time with his child be supervised by having a third party present during his visits.
[81] The decision in J.R.E. relied upon by the respondent is clearly distinguishable. In that case, there were apparently unfounded allegations of sexual abuse of the children. The behaviour in that case was characterized more as a rigid insistence on a position. Here, on the other hand, the evidence indicates the respondent has simmering anger that has erupted in serious abuse of the dog on several occasions, the most recent being just prior to separation.
[82] That the actions did not reach the level of direct physical violence against the claimant is not determinative. It is not necessary for the respondent to have raised his hand against the claimant for a finding of family violence to be made.
[83] The respondent’s coercive and controlling behaviour, compounded by his anger and abuse of the family dog, establishes psychological or emotional abuse that constituted prolonged and escalating family violence that continued until separation and beyond.
[84] I do not accept that the only cause of this abuse was the strife in the parties’ relationship and, that being gone, there is no further reason to be concerned. It appears to me from the evidence that the respondent has many unresolved issues. Further, I do not accept that the child was not the cause or the focus of any such violence and was not impacted by it.
[91] I am satisfied that the respondent is at best careless and distracted, which impacts on his care of the child. I conclude that his ability to exercise his parental responsibilities is impaired. He appears to minimize the potential impact of this on the child — perhaps relying instead on his belief in his ability to anticipate her needs. His belief, however, is not enough. I do not agree that as things stand, it is likely that the respondent can attend to the child as needed.
[92] The only consideration for me is the best interests of this child. Of course, there is a concern that she should be able to have the best and closest relationship with her father that is possible and safe in the circumstances.
[93] At present, in my view, that requires parenting time that is supervised.
Contact our leading Calgary Supervised Parenting Time Lawyers if you have an issue involving your children that involves you wanting or opposing supervised parenting time.
