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  • #16
    As I understand it, "shared" custody implies "joint" decision-making, but "joint" custody does not imply "shared" parenting. It sounds like you want the true shared parenting.

    Here's a suggestion: my divorce order (which I wrote, self-represented) specified "shared custody". I added the phrase "... as contemplated in Section 9 of the FCSG". Adding the reference to S9 takes away some of the ambiguity because it's all spelled out in the FCSG for you. I've heard people use the terms "shared" and "joint" interchangeably, which isn't accurate, and I think parties are often operating with different ideas about exactly gets "shared". See if your mediator would support a direct reference to S9 being placed in the separation agreement. It sounds like you may want to have this to back you up somewhere down the road.

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    • #17
      Shared Custody = Joint Custody (decisions) + Shared Parenting (equal access)

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      • #18
        Shared parenting is defined in the Child Support Guidelines (which are incorporated as provincial law within the Family Law Act) as physical custody between 40-60%. There is no legislation or case law which requires any particular decision-making scheme. Nothing is implied.

        There are situations where access is 60/40 but decision making is sole, or parallel, or joint. There is no rule.

        "Joint custody" is not to my knowledge defined anywhere in Ontario legislation. It is defined in some other provinces. It is used in some case law, but really it is the description of who makes the legal decisions that counts. In the Children's Law Reform Act there is some mention of "joint guardians" but references to parents does not mention the word "joint," it just describes equal decision making rights.

        "Shared custody" has a specific meaning in law that does not include decision making, other than the ordinary day-to-day decisions a caregiver must make (which includes childcare workers, grandparents, babysitters, etc.)

        It's not a good idea to confuse the two terms, it is certainly not a good idea to combine them. It is a good idea to understand the difference if you are trying to understand an offer or a court claim.

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        • #19
          Mess, could I ask for some clarification? I had thought that in a situation in which shared parenting was specified, the default presumption was that decision-making was also shared ("joint custody") because neither parent was identified as a primary caregiver. Of course, if the parents involved (or the court) come to a different decision-making arrangement and put it in an order, that would override the default presumption. However, it sounds like you're saying that this default presumption doesn't exist. In which case, oops. It sounds like there's another something I forgot to spell out in the divorce order.

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          • #20
            There is no "default" in court. There is no law that says this. I'm not sure what else there is to qualify.

            Of course it is "better" if parents can get along well enough to have joint decision making as well, but it is a separate issue. One does not automatically mean the other.

            One of the more common examples would be shared and parallel parenent.

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            • #21
              Joint and shared refer to custody and access. You have joint custody (meaning you both make decisions for the children's well-being, education, etc), and shared access (meaning you have a minimum of 60/40 access to the child).

              My SA is setup that we have joint custody/shared access on a week about basis (they're with her Monday-the following Monday and with me Monday-the following Monday). Decisions regarding the children's schooling, medical care, etc are handled jointly. She can't change their schools without my consent, nor can I change schools without hers. If she were to remarry, she cannot change their last names.

              And that's correct that the CCTB has 0 influence on the agreement. CCTB is paid to the primary parent of the children. However, in a shared access arrangement, both parents must notify CRA that the access is shared (as it states on their site, 4 days/3 days, week about basis, or any other arrangement where the children reside with both parents for equal amounts of time).

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