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Co-parenting, in the context of Nunavut law, is a term referring to two parents who are involved in shared responsibility in the upbringing of their child despite not living together. This arrangement often involves two people who were in a common law relationship or married, who have decided to part ways but still share parenting responsibilities.
The Child and Family Services Act governs the legal aspects of co-parenting in Nunavut, and it outlines the responsibilities of both parents and the rights of the child. More specifically, this Act covers the areas of custody, child support, parenting time (visitation and holidays), parenting expenses, decision-making, and more. Section 7, Parts 5 and 6 of this Act also outline special definitions and rules for co-parenting that apply specifically to Nunavut.
The Child and Family Services Act defines “custody” as any form of care and control of a child, including making decisions and providing medical/health care. Custody in Nunavut can either be shared by both parents (“joint custody”) or given to one parent (“sole custody).” According to Section 7 (1) (a)-(d) of this Act, the court must consider the best interests of the child in making decisions about custody, which include the following:
In Nunavut, either parent may be required to pay child support, depending on the circumstances of the case. Typically, the parent with the higher income will pay the other parent support equal to a portion of that income. These payments will typically be made on a monthly basis by court order. The amount paid in child support will be determined using the provisions of the Child and Family Services Act and the Child Support Guidelines Regulation.
The Child and Family Services Act also allows for the division of certain expenses related to the upbringing of the child. This includes expenses such as child care, tuition, medical and dental expenses, and more. Such expenses must be agreed upon by both co-parents in writing and set out in a parenting plan detailing the division of such expenses.
The Child and Family Services Act states that both co-parents have the right to be involved in major decisions that affect their child’s well-being. These decisions include things like their medical care and education, their daily care and activities, and where they live. If a dispute arises, the court will make a decision based on the best interests of the child. The court may also appoint an outside mediator to help the parents reach an agreement if deemed appropriate.
A parenting plan is a written document outlining the arrangement between two parents who share custody of a child. It sets out important details such as the living arrangements of the child, parenting time for each parent, responsibilities and rights for both parents, and other important considerations relating to the child’s well-being. The court will take into account any parenting plan when making decisions about custody, whether it has been agreed to by both parents or only one.
In Nunavut, both parents can have access to their child depending on the specific arrangement set out in the parenting plan or court order. Generally, access must be provided in a manner consistent with the best interests of the child. If a dispute arises, either parent may make an application to the court to determine visitation rights. The court may also order the parties to attend mediation to help them reach an agreement.
Mediation is available for co-parents in Nunavut as an alternative way to reach an agreement about their parenting arrangements. A mediator is a neutral third-party who facilitates a discussion between the parties and assists them in reaching a mutually beneficial agreement. Mediation is often less time consuming and more cost-effective than going to court, so it may be beneficial for some couples considering a separation.
Co-parenting arrangements can be complicated, but understanding the rights and responsibilities of both parties, as outlined in the Child and Family Services Act, can help make the process easier. All co-parents in Nunavut are encouraged to discuss the terms of their parenting arrangement and consult with a lawyer when necessary. Mediation is also available and may be a helpful tool in resolving disputes.
Fact Check and Resources
In crafting this post, we conducted thorough fact-checking and research, consulting the following sources:
Co-parenting in USA
Co-parenting in Canada
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.