The hardest and most emotional aspect of divorce is child care and contact. The Children’s Act aimed to put an end to custody battles that sometimes caused more harm to a child than the divorce itself. By putting the interests of the child first, parents have to put their disagreements aside and focus on their mutual responsibility to care for the child. There is an emphasis on shared care and co-parenting. But it is very hard to satisfy everyone’s wishes when dealing with compromise. The most important individual in the negotiating process is the child.
The divorcing couple is encouraged to agree on all aspects of the child’s care. This includes where the child will live, how parental contact will be divided, maintenance arrangements, and other important factors in a child’s upbringing such as social, cultural and religious involvement. If they cannot agree, they will be encouraged to draw up a parenting plan, which describes the child care and contact provision. The Children’s Act does not automatically require a parenting plan, but has introduced the mechanism to encourage co-parenting and co-operation between parents. They can seek help from a family advocate, social worker or psychologist in drawing up the plan.
Contact family law attorneys SD Law for assistance with your child contact agreement pending divorce.