Following a separation, some parents may wonder what options are available to them if they feel their children will not be safe in the other parent’s care. One option available in these cases is supervised parenting time.

Forms of Supervised Parenting

There are many different forms of supervised parenting time, which range in levels of restriction. In most instances, a third party attends parenting time with a parent to observe the interactions between parent and child. Sometimes this involves a third party simply being present in the home with the parent, but not necessarily in the same room. Other times, it is expected that the third party have “eyes on and ears on” the parent in need of supervision, which means that the supervisor must be able to see and hear the interactions between parent and child at all times.

Supervised Parenting Time Orders

Supervised parenting time is a restrictive form of parenting time that is not ordered lightly. In most cases, supervision is temporary, and is not meant to be used for long-term parenting arrangements. The parent seeking supervised parenting time bears the burden of proving it is in the child’s best interests. Supervised parenting time is not ordered to provide comfort to the other parent, but rather, to address real concerns that may impact a child’s safety or comfort. Some examples of situations that have warranted supervised parenting time in the past have included:

1. Substance abuse;

2. Severe and untreated mental health issues; and

3. Abuse of the child by one parent.

Supervised parenting time has also been ordered by the Courts when one parent is experiencing a reintroduction to a child after a period of absence from their lives.

Lenehan Musgrave LLP is a firm of family lawyers in Dartmouth, Nova Scotia. Whether or not supervised parenting time is appropriate is very fact specific and must be grounded in evidence. The lawyers at Lenehan Musgrave LLP appreciate your child’s safety is the paramount consideration in determining parenting arrangements, and the experienced divorce lawyers at our office are available to assist you in navigating whether this form of parenting arrangement would be appropriate in your circumstances. If you need help with your parenting arrangements, complete the form below to book a consultation.

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What constitutes common law?

A common law relationship is simply the act of living together in a marriage-like relationship without actually being legally married. It does not require any kind of legal process to create a common law union. The definition of common law partnership also differs depending on the laws applied. For example, the Canada Pension Plan states that two people are in a common law relationship after a year of cohabitation. The Parenting and Support Act, on the other hand, requires two years of cohabitation before a relationship can be described as common law.