With respect to parental responsibilities, where there is no order or agreement, then each child’s guardian may exercise all parental responsibilities with respect to the child in consultation with the other guardian, unless there is a reason that consultation would be unreasonable or inappropriate in the circumstances. The parties may by agreement allocate parental responsibilities so that they are exercised by one or more guardians or provide that a certain guardian has final decision making authority. The other guardian can apply pursuant to section 49 for the courts direction on a issue affecting the child.

When dealing with parenting arrangements respecting children, a party can proceed via the Family Law Act or the Divorce Act. If you are proceeding via Provincial Court, then you will be using the Family Law Act. But if you are in the Supreme Court, then you can elect to proceed via the Divorce Act or the Family Law Act. It is important to clarify which statute any order or agreement was made according to, as the same Act will be used when later varying the Order or Agreement.