Educational how-to
How to ask for parenting time or decision-making
This page is a public educational walkthrough. It is not a retainer, a court form, or a promise about your result. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.
Name the two different issues
Decision-making responsibility is who decides school, health and similar issues. Parenting time is the schedule with the child. They are not a trophy and they are not automatically 50/50.
If there is no case yet, file an application
Use Form 8 (or Form 8A if divorce is also claimed). Complete Form 35.1 Affidavit about parenting. Tell the court where the child lives and what schedule you want, including holidays.
If there is already a case, use a motion or a motion to change
Temporary issues in an open file are usually a Form 14 motion with Form 14A and Form 35.1. Changing a final order is usually Form 15.
If you were served
File Form 10 Answer and your own Form 35.1. Missing the date can leave the other parent’s proposed schedule as the only one in the file.
Put a real schedule on paper
Days of the week, pickup location, and holiday rotation belong in the claim or affidavit. “Reasonable access” is not a schedule a police officer or a school can apply.
Read the statute that applies
The Divorce Act or the Children’s Law Reform Act, depending on the family. Both are on the Family Law shelf. This page does not pick a winner.
Official law on this site: family-law.
Disclaimer: Know The Law publishes legal information for the public, not legal advice. Court forms, fees and filing channels change. Read the official statute text and the official form page linked from this guide before you act. We do not represent you and we do not file documents for you. For legal advice, you should contact an appropriate Lawyer or Paralegal specializing in the area of law you need assistance with.