Parenting Arrangements

Parents can decide for themselves about who will look after a child, where the child will live, and who is able to make important decisions about the child’s well-being. If the parents can’t agree, they can use mediation to help them reach an agreement, or they can turn to lawyers and the court to make a decision and formalize it in a parenting order. When deciding on a parenting arrangement, the court will decide based on what is in the best interests of the child.

Next Steps:

1. Family Law Manitoba offers a number of resources. For the Sake of the Children is a parenting course that helps parents understand what children go through during a separation.  It is mandatory for people who are requesting or responding to requests for orders involving parenting arrangements.  It is also available to other people, like guardians and grandparents.

The Family Resolution Service allows Manitobans to access Family Law Manitoba’s resources by providing a single point of contact.  To use this service, you will usually need to fill out an intake form so you can be guided to the best resources for your circumstances.  Resources include:

• help with filling out forms or completing prerequisites for court
• referrals to culturally and linguistically appropriate specialized services
• referrals to mental health programs
• referrals to the Child Support Service
• referrals to short term child care

2. How can I contact the Family Resolution Service?

Winnipeg – 204-945-2313

Toll-Free – 1-844-808-2313

Email –

More information about the program can be found here

Resources:

There are also parenting plan resources available from The Department of Justice if you want to get started on working out an agreement about parenting after separation:

Making Plans: A guide to parenting arrangements after separation or divorce

Parenting Plan Checklist

You can find the Guide and Checklist here

You may be required to attend the For the Sake of the Children Program.  The program provides information about the needs of children upon separation and helps parents understand the legal and emotional process that they are going through.

Next Steps:

1. You must take the For the Sake of the Children course before you can get a date for a triage conference. As a result of changes to the family court system on February 1, 2019, a motion for parenting arrangements can’t be heard by the court until after the triage conference.
2. To get a triage conference date, you must first attend triage screening court by filing the following forms:

Request for Triage Conference (Form 70D.2)

Certificate of Prerequisite Completion (Form 70D.3)

Triage Brief (Form 70D.4)

3. To get Certificate of Prerequisite Completion, you must file proof that you attended the For the Sake of the Children Parent Information Program, or you must confirm that you are applying for a variation of custody or access where attendance at the program is not required.

You also do not need to take the course if:

• You are dealing with an inter-jurisdictional proceeding
• You are just filing a parenting order by consent,
• Your matter is not opposed, or
• The other party has been noted in default.

4. These forms are supposed to be filed and served on the other party at least 14 days before the proposed triage screening court (Tuesdays at 9:00 a.m.).
5. At triage screening court, the coordinator will review your file and make sure that the required prerequisites have been completed. If they are satisfied, a triage conference date will be set.
6. If some of the prerequisites have not been met, then the coordinator will let you know what needs to be completed to set a date.
7. If there is a dispute between the parties about the prerequisites, you can schedule a motion before a Master for assistance.

Resources:

The Government of Manitoba has a family law website that has information on Family Division court procedures at this link.

They also have Client Guides who help with family law related issues. Their services are free. They can be reached at:

(204) 945-2313 or toll free at 1-844-808-2313

Once you have started a proceeding by filing a Petition or Petition for Divorce you can apply for an interim order by filing a Notice of Motion and an Affidavit. An interim order is an order of the court intended to decide matters until a final order can be made at trial. Matters such as parenting arrangements often need quick attention by the court when the parties can’t reach an agreement. Interim orders are enforceable in the same way as a final order and they can be extremely important. They may establish a status quo (the way things are currently) that might be difficult to overturn in future court proceedings.

Parenting arrangements, child and spousal support, occupancy of the home, preservation of property orders, and protection and prevention orders are the types of orders that are commonly granted on an interim motion.

Because of changes to the family court system on February 1, 2019, a motion for a parenting order can’t generally be heard by the court until after the triage conference.

1.To get a triage conference date, you must first attend triage screening court by filing the following forms:

Request for Triage Conference (Form 70D.2)

Certificate of Prerequisite Completion (Form 70D.3)

Triage Brief (Form 70D.4)

2. To get a Certificate of Prerequisite Completion, you must file proof that you attended the For the Sake of the Children Parent Information Program, or you must confirm that you are applying for a variation of a parenting agreement where attendance at the program is not required.

You also do not need to take the course if:

• You are dealing with an inter-jurisdictional proceeding,
• You are just filing a parenting order by consent,
• Your matter is not opposed, or
• The other party has been noted in default.

3. These forms are supposed to be filed and served on the other party at least 14 days before the proposed triage screening court (Tuesdays at 9:00 a.m.).

4. At triage screening court, the coordinator will review your file and make sure that the required prerequisites have been completed. If they are satisfied, a triage conference date will be set.

5. If some of the prerequisites have not been met, then the coordinator will let you know what needs to be completed to set a date.

6. If there is a dispute between the parties about the prerequisites, you can schedule a motion before a Master for assistance.

Resources:

The Government of Manitoba has a family law website that has information on Family Division court procedures at this link.

They also have Client Guides who will help with family law related issues. Their services are free. They can be reached at:

(204) 945-2313 or toll free at 1-844-808-2313

Children should not be used as leverage in disputes with your ex-partner. Child support and parenting arrangements are considered separately by the court. If your ex-partner has a parenting order granting parenting time with the children, then it has been decided by the court that it is in the children’s best interest to see the other parent. You may be held in contempt of court for refusing to comply with the order. If you want to change a parenting order, you must apply to court to vary (change) the order.

If your ex-partner is required, by order or agreement, to make child support payments and is not making the payments, you should contact the Maintenance Enforcement Program, which has various options to enforce support payments, for example, by garnishing wages, seizing property, suspending a driver’s license, diverting a pension, summoning the ex-partner to court, or imposing a fine and/or imprisonment.

Resources:
Maintenance Enforcement Program
Email:
Telephone: 204-945-7133
Toll Free: 1-866-479-2717
Fax: 204-945-5449

When parents each have parenting time of 40% or more, both can apply for the Canada Child Benefit. The Canada Revenue Agency will calculate an amount for each parent based on adjusted income, and each parent will receive half of what they would have received if they were the sole caregiver for the child.

When one parent has most of the parenting time (over 60%), they become the only parent eligible to apply for the Canada Child Benefit, and the amount will be calculated based on their income alone.

Temporary Child Care Benefits are also possible, for example in situations where the child spends most of their time with one parent but spends extended periods of time (for example, summer vacation) with the other parent. In these cases, the parent who has the child on a more temporary basis can apply for the Canada Child Benefit for the period when they are caring for the child. When the period ends, the other parent will have to reapply to reinstate their Canada Child Benefit.

Resources:

Canada Child Benefit (CRA): 1-800-387-1193

No. The name of the child has nothing to do with who is allowed to have parenting time or contact with the child.

In Manitoba, parents who have lived together after their child’s birth, regardless of whether they are married, are presumed to share parenting of the child, unless the court orders otherwise. If the parents of a child have never lived together, the parent the child lives with has sole decision-making responsibility. However, the other parent will still usually have the right to spend parenting time with the child.

Grandparents have a right to ask the court for time with their grandchildren if the parents and grandparents can’t agree. Whether or not the court will grant it will depend on what is in the best interests of the child.

Next Steps:

1. Family Law Manitoba’s Family Resolution Service serves as a single point of contact that can direct Manitobans to appropriate resources.  To use the service, call 204-945-2313 (in Winnipeg), or 1-844-2313 (toll-free outside Winnipeg), or email .
2. You are required to take the free child-focused program, For the Sake of the Children for information on resolving disputes, children’s needs, and appropriate communication. You must complete this course before you can take additional steps, such as applying to court if you can’t work out an agreement for time with your grandchildren.

Yes. Both parents are entitled to receive school, medical, dental, psychological, and other reports concerning the child, unless a court order says otherwise. This is only a right to receive information about the child—it is not the same as being able to make decisions about the child’s education, medical treatment, etc.

Not necessarily. You always have the right to apply for parenting time, even if you left the home and the children. However, if you don’t apply soon after leaving your partner, you may hurt your chances of having the children live with you. If you delay, the court may not want to change the children’s situation. Remember, the court always thinks of what’s best for the children, and stability is very important for children. If you can’t take your children with you when you leave, you should see a lawyer immediately about applying for a temporary order that would give you your parenting rights until a more permanent solution could be put in place.

Resources:

Legal Aid Manitoba

(204) 985-8500 or 1-800-261-2960

https://www.legalaid.mb.ca/

The court may consider a child’s wishes when making a parenting order, but they must take the age and maturity of the child into account. This means the court will generally pay more attention to the wishes of an older child than a younger one. In any case, the child’s wishes are just one of many factors the court will consider when deciding what is in the child’s best interests.

The Brief Consultation Service offers a service where the wishes and concerns of children between the ages of 11-17 are told to a family relations counselor. The counselor prepares a report for the court. The Brief Consultation Service can be contacted through the Family Resolution Service.  To use the service, call 204-945-2313 (in Winnipeg) or 1-844-808-2313 (toll-free outside Winnipeg), or email .

You could try to make exchange arrangements through trusted third parties like friends or family members. Also, the Winnipeg Children’s Access Agency and the Brandon Access/Exchange Services provide a safe place with trained people where exchanges can be made safely. Exchanges can only be scheduled after both parties have done an initial orientation interview. There is a fee for this service.

Resources:

Winnipeg Children’s Access Agency

204-284-4170 or 1-866-886-6153

Brandon Access/Exchange Service

204-729-8115 or

If you and the other parent lived together after the child was born, you are both presumed to be able to care for and spend time with your child. If there is no existing parenting agreement or parenting order in place, it may not be legally possible to prevent this from happening. This is why it is a good idea to have a parenting arrangement in place.

If the other parent has taken your child away contrary to the terms of a parenting agreement or order, or if the other parent has taken your child away in order to keep you from your child, you should contact a lawyer or the police.

Resources:

Winnipeg Police Service

The police can be reached at their non-emergency line at 204-986-6222 or you can visit a police service centre.

RCMP Detachments

https://www.rcmp-grc.gc.ca/detach/en/find/MB

Legal Aid Manitoba

(204) 985-8500 or 1-800-261-2960

https://www.legalaid.mb.ca/

Yes. If a parent takes the child away outside of their own parenting time, or if they take the child away intending to deprive the other parent of parenting time, they could be charged with child abduction under the Criminal Code of Canada.

If a parent is charged, the Attorney General’s office will involve the police to try to get your child back and a Crown Attorney can prosecute the parent for the crime.

If the child is taken out of province, the Attorney General’s office and the police may contact the other province’s police and Attorney General’s office to try to locate your child and return them to Manitoba.

Yes. However, the Attorney General must agree to lay a criminal charge. Usually, the Attorney General would agree only if:

• • The parents and child were living together and suddenly one parent takes the child away from Manitoba without the consent of the other parent, with the intention of depriving the other parent of his or her rights; or
  • Separated parents have agreed in the past that a child is to live with one of them, and the other parent later decides to take the child away without a court order, again, with the intention of depriving the other parent of his or her rights.

Resources:

Winnipeg Police Service

The police can be reached at their non-emergency line at 204-986-6222 or you can visit a police service centre.

RCMP Detachments

https://www.rcmp-grc.gc.ca/detach/en/find/MB

It is generally unwise to use your children as leverage in disputes with your ex spouse. If your ex-spouse has a court order granting access to the children, then it has been decided by the Court that it is in the children’s best interest to see the other parent. You may be held in contempt of Court for refusing to comply with the access order. If you want to change an access order, you must apply to Court to vary (change) the order. If your ex-spouse is required, by order or agreement, to make child support payments and is not making the payments, you should contact the Maintenance Enforcement Program, which has various options to enforce support payments, for example, by garnishing wages, seizing property, suspending a driver’s license, diverting a pension, registering the maintenance debt with the Credit Bureau, summoning the other spouse to Court, or imposing a fine and/or imprisonment.