Supreme Court

How to draft a Supreme Court order

Section 1: Parenting (Optional)

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Use this section if orders have been made about parenting. It includes sample orders on the following topics:

  • Guardianship
  • Parental responsibilities
  • Parenting time
  • Contact with a child
  • Other parenting orders

Decisions about parenting are based on the best interests of the child. For more information, see the fact sheet Parenting apart.

The general instructions for this section are as follows:

  1. Click Show instructions at the beginning of each topic for more information and specific directions.
  2. Choose the clauses that reflect the orders made by the judge. Insert the requested details in the text boxes. Click Don't include for orders that don't apply to you.
  3. When you're done, click Open text version. Make any necessary changes to the orders to reflect what the judge said or wrote. Copy and paste this text into the correct court form.

Tip: Remember that all the clauses below are automatically included in your text version unless you click Don't include. If you change your mind, you can always include them again by clicking Include.

 

Guardianship

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When parents live together, both parents are the child's guardians. This means they're equally responsible for the child's care and upbringing. It doesn't matter if they're married or not.

If a child's parents stop living together, they both continue to be the child's guardians. It doesn't matter who moves out or who the children live with. Guardianship can only be removed by a court order, or if both parents agree that one of them will no longer be a guardian.

A parent who's never lived with their child isn't a guardian unless:

  • they've regularly taken care of the child, or
  • there's an agreement that says they're also a guardian.

See the fact sheet on Guardianship for more information.

  1. If both parents are guardians and will continue to be guardians, choose clause 1. The court doesn't need to make an order, it just makes a statement.
  2. If the court finds that one parent was never a guardian and the other parent has sole guardianship, choose clause 2.
  3. If the court orders that one parent will no longer be a guardian, choose clause 3.
  4. If the court orders that a party who was not a guardian before is now a guardian, choose clause 4.
  5. Include clause 5 to record any other orders about guardianship. Write what the judge said in the text box.

AND UPON being satisfied that the claimant and respondent are the guardians (the "Guardians") of , (the "child(ren)"), under s. 39(1)/s. 39(3) of the Family Law Act;

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The (choose claimant/respondent) never lived with ("the child(ren)") and is not a guardian under s. 39(3) of the Family Law Act. The (choose claimant/respondent) is the sole guardian of the child(ren).

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Under s. 51(1)(b) of the Family Law Act, the (choose claimant/respondent) guardianship is terminated. The (choose claimant/respondent) will be the sole guardian of ("the child(ren)").

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Under s. 51(1)(a) of the Family Law Act, the (choose claimant/respondent) is appointed guardian of ("the child(ren)").

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Parental responsibilities

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Guardians are responsible for making decisions about their children. These decisions are called parental responsibilities. Parental responsibilities include day-to-day decisions. They can also be larger decisions about health care, education, religious upbringing, and extracurricular activities.

After separation or divorce, guardians can share or divide parental responsibilities in whatever way works best for the child. You might decide this between you and record it in an agreement or consent order. Or you might ask the court to decide.

  1. Choose clause 6 if the court decides that one parent will have all the parental responsibilities.
  2. Choose clause 7 if the court decides that the parents will share all the parental responsibilities equally.
  3. Choose clause 8 if the court decides that the parents will share some parental responsibilities and not others. Clauses 9 – 20 list common parental responsibilities. Include the ones the court made orders about, and choose who will have each responsibility, the claimant, the respondent, or both parties. Choose clause 21 to list any other parental responsibilities that the court made orders about.
  4. Include clause 22 to record any other orders about parental responsibilities. Write what the judge said in the text box.

Under s. 40(3)(a) of the Family Law Act, the (choose claimant/respondent) will have all of the parental responsibilities for the child(ren).

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Under s. 40(2) of the Family Law Act, the claimant and respondent will share equally all parental responsibilities for the child(ren).

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Under s. 40(2) of the Family Law Act, the parental responsibilities will be divided as follows:

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Making day-to-day decisions affecting the child(ren) and having day-to-day care, control and supervision of the child(ren) during his or her parenting time — (choose claimant/respondent/both parties)

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both parties
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Making decisions about where the child(ren) will reside — (choose claimant/respondent/both parties)

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both parties
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Making decisions respecting with whom the child(ren) will live and associate — (choose claimant/respondent/both parties)

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both parties
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Making decisions respecting the child(ren)'s education and participation in extracurricular activities, including the nature, extent and location of those activities — (choose claimant/respondent/both parties)

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both parties
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Making decisions respecting the child(ren)'s cultural, linguistic, religious and spiritual upbringing and heritage, including the child(ren)'s Aboriginal identity where applicable — (choose claimant/respondent/both parties)

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both parties
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Subject to s. 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child(ren) — (choose claimant/respondent/both parties)

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both parties
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Applying for a passport, licence, permit, benefit, privilege or other thing for the child(ren) — (choose claimant/respondent/both parties)

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both parties
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Giving, refusing or withdrawing consent for the child(ren), if consent is required — (choose claimant/respondent/both parties)

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both parties
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Receiving and responding to any notice that a parent or guardian is entitled or required by law to receive— (choose claimant/respondent/both parties)

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both parties
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Requesting and receiving from third parties health, education or other information respecting the child(ren) — (choose claimant/respondent/both parties)

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both parties
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Subject to any applicable provincial legislation, starting, defending, compromising or settling any proceeding relating to the child(ren), and identifying, advancing and protecting the child(ren)'s legal and financial interests — (choose claimant/respondent/both parties)

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both parties
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Exercising any other responsibilities reasonably necessary to nurture the child(ren)'s development — (choose claimant/respondent/both parties)

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both parties
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Parenting time

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Parenting time is the time that a guardian spends with the child. During parenting time, a guardian is responsible for the care and supervision of the child. They also make day-to-day decisions about the child.

  1. Choose clause 23 if the court orders that the parties have equal parenting time on a schedule to be agreed upon between them.
  2. Choose clause 24 if the court orders that the children live primarily with one parent, but the other parent has reasonable parenting time.
  3. Choose clause 25 if the court orders that the children live primarily with one parent, but that the other parent has liberal and generous parenting time.
  4. Choose clause 26 if the court orders an alternating weeks parenting schedule. Clause 26 is an example of this type of schedule. In your text file, change this order to reflect what the judge said or wrote.
  5. Choose clause 27 if the court orders a rotating parenting schedule. Clause 27 is an example of this type of schedule. In your text file, change this order to reflect what the judge said or wrote.
  6. Choose clause 28 if the court orders that one parent has the children most of the time with the other parent having the children every other weekend.
  7. Choose clause 29 if the court orders that when a parent spends time with the children they be supervised. Insert the name of the supervisor.
  8. Choose clause 30 if the court makes an order about how to deal with school holidays. Clause 30 is an example. In your text file, draft this order to reflect what the judge said or wrote.
  9. Choose clause 31 to record how holidays and special days, such as birthdays, will be dealt with. Choose as many as you need from clauses 32 – 41 to record the court orders about holidays and special days and fill in the details of each one. There are many types of orders a court can make about parenting time and holidays, including following the regular schedule, sharing half and half, or alternating years.
  10. Include clause 42 to add any other orders about parenting time. Write what the judge said in the text box.

The guardians will share parenting time equally as agreed between them.

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The child(ren) will live primarily with the (choose claimant/respondent). The (choose claimant/respondent) will have reasonable parenting time on dates and times agreed between the guardians.

claimant
respondent
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The child(ren) will live primarily with the (choose claimant/respondent) who will have most of the parenting time. The (choose claimant/respondent) will have liberal and generous parenting time on dates and times agreed between the guardians.

claimant
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The child(ren) will live alternating weeks with the claimant and respondent. In the week the child(ren) are living with a parent, that parent will pick the child(ren) up on Monday after school and drop them off at school the following Monday morning.

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The parenting schedule will be on a rotation. The children will stay with the (choose claimant/respondent) from Monday after school until Wednesday morning before school. The children will stay with the (choose claimant/respondent) from Wednesday after school until Friday before school. The children will then stay with the (choose claimant/respondent) from Friday after school until the following Wednesday morning before school. The children will stay with the (choose claimant/respondent) from Wednesday after school until the following Monday before school.

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The children will live primarily with the (choose claimant/respondent). The (choose claimant/respondent) will have parenting time every second weekend from on Friday until on Sunday.

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The (choose claimant/respondent) parenting time will be supervised by or another person agreed between the guardians.

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If the day preceding or following the weekend is a statutory holiday or professional development day, the parenting time will include that extra day.

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Parenting time on holidays and special days will proceed as follows:

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, .

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, .

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, .

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, .

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, .

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, .

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, .

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, .

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, .

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, .

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Contact

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Contact is the time that a parent who isn't a guardian, or any other person who isn't a guardian, spends with the child(ren) under an order or agreement. This isn't the same as parenting time because parenting time is for guardians only. If one parent isn't a guardian of the child(ren), the court might make orders about contact.

  1. For clauses 43 – 58, include those that reflect orders the judge made and fill in the required details.
  2. Include clause 59 to record any other orders about contact. Write what the judge said in the text box.

The (choose claimant/respondent) will have reasonable contact with the child(ren) at dates and times agreed between the parties.

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The (choose claimant/respondent) will have liberal and generous contact with the child(ren) at dates and times agreed between the parties.

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The (choose claimant/respondent) will have contact with the child(ren) every from to , commencing on .

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The (choose claimant/respondent) will have contact with the child(ren) alternate from to , commencing .

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The (choose claimant/respondent) will have contact with the child(ren) every weekend from until , commencing .

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The (choose claimant/respondent) will have contact with the child(ren) on alternate weekends from to , commencing .

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If the day preceding or following the weekend is a statutory holiday or professional development day, the contact time will include that extra day.

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Under s. 59(3) of the Family Law Act, the (choose claimant/respondent) contact will be supervised by or another person agreed between the parties.

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The (choose claimant/respondent) contact will take place in the presence of or another person agreed between the parties.

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The (choose claimant/respondent) will have the following contact with the child(ren) during the winter school holidays: .

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The (choose claimant/respondent) will have the following contact with the child(ren) during spring break: .

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The (choose claimant/respondent) will have the following contact with the child(ren) during the summer school holidays: .

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The (choose claimant/respondent) will pick up and drop off the child(ren) at the beginning and end of their contact.

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The child(ren) will be exchanged at .

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The (choose claimant/respondent) will have reasonable telephone and/or electronic communication with the child(ren).

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The (choose claimant/respondent) will have reasonable telephone and electronic communication with the child(ren) between and on .

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Other parenting orders

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Here are some other types of clauses that a court might order with respect to parenting.

  1. For clauses 60 – 64, include those that the judge has ordered and fill in the details, as prompted.
  2. Choose clause 65 to include any other orders made by the court about parenting. Write what the judge said in the text box.

The (choose claimant/respondent) may travel with the child(ren) to from to without the written consent of any other guardian of the child(ren).

claimant
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No guardian will apply for the passport for the child(ren) without the written consent of the other guardian.

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The (choose claimant/respondent) may apply for a passport for the child(ren) without the consent of any other guardian.

claimant
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Each guardian will cooperate with the other guardian in the provision of passports, consents to travel and other necessary documents as may be required to allow the child(ren) to travel.

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