Often, a parenting plan, agreement or court order requires both co-parents to participate in mediation or parenting coordination for a period of time – for example, two hours or two sessions – if the co-parents cannot agree on a decision. If, after the expiry of the fixed period or sessions, the co-parents are still unable to reach an agreement and make a joint decision on a particular issue, the parent with decision-making power may make the decision alone. Technically, and in the eyes of the court, joint custody with a parent who has the tie-breaker is the same as pure joint custody. However, if there is an impasse, the parent with authority can break the deadlock and make the decision. It is important to get it right. With these words, I told him that if he has the authority to « tie-break », he has the duty to ask his ex what she thinks about the matter, they should try to have a legitimate discussion, he should listen to her opinion and ask her the reasons for his opinion. He should consider their reasons and hope they agree, because it`s always better for his son. I suggested he put it all in an email so he (and I) would have it for later when things were going wrong. But if he does all this in good faith, he can choose to exercise his power of « tiebreaker » and make a decision he believes is in his son`s best interest. He should explain his reasons, how his decision is or does not agree with the expert`s recommendation and thank her for her contribution. It`s a power he shouldn`t wield often, but at the end of the day, he has the right to make the decision as long as it`s in his son`s best interest. In this case, the agreement provided that the parents would have joint custody of their minor children, with the mother having the power to settle « all matters relating to the upbringing » of the children. Parents also agreed to consult with a third party to resolve conflicts related to other long-term issues, such as medical care or religion.
At a hearing on the motions, the judge appeared to point out that the mother had not acted properly in exercising her authority in this case. Both parties apparently believed that the judge intended to deprive the mother of her authority. However, the Tribunal`s final order did not explicitly do so. The Court of Appeal later ruled that the judge`s order was « ambiguous » on this point and sent the case back to the lower court for clarification. Sometimes custody – just like physical or hospital care – can be divided among children, giving one parent the power to make decisions for one child, but not for another. Or one parent may have the power to make decisions about religion, while the other parent may have the power to make decisions about other areas. Creating special rules and exceptions as part of the broader custody issue can be a way to give both parents some jurisdiction over decisions. With respect to custody, the court may grant sole custody to one of the parents or joint custody to both parents.
In a shared custody situation, both parents have an « equal voice » in long-term decisions for their child. This means that parents are expected to work together. The tie-breaking power comes into play when it comes to the issue of « lawful custody » versus physical or hospital detention. Physical custody or custody defines which parent is responsible for the children in terms of physical location and daily needs. Custody defines which parent has the power to make decisions in favour of the children at any given time. In general, detention is divided into four basic areas: physical health, education, religion and general well-being. Sometimes these four general categories are subdivided and other areas are specified for decision-making. This may be the case, for example, if a child has had mental health problems in the past. A fifth custody zone could then be established for that child.
Typically, the court delegates powers to a parent who spends most of the time with the children. Religious education. Parenting plans typically allow both parents to expose a child to any religion, place of worship or ritual during their parental leave. But if the parents practice two different religions or if one parent is more devout than the other, this may be the most important area of care. And in any case, decisions about religious education often interact with other areas of final decision-making. Does Sunday School count as education, extracurricular activity, or religious education? If your religion prohibits blood transfusions, does a blood transfusion count as a religious or health education decision? It`s important to think about future decisions that you know might be problematic so that the parenting plan can address them before they happen. There are two types of custody: legal and physical. When most people hear the word « custody, » they only think of physical custody: who the children will live with. But the parenting plan must also take custody into account. Custody is the right to make important decisions regarding your children`s education on matters such as education, extracurricular activities, health care, religious education, etc. Both types of custody must be dealt with in a document called a parenting plan before a judge rules a divorce.
I gave him a few examples. If her son needs special education/GT, tutoring, IEP or 504 plan, special education, or if there is a question about public or private schools, then the parent will make the decision with the legal custody authority. Another example is whether or not her son would undergo surgery. Some surgeries are elective and preventive, such as tonsillectomy or removal of wisdom teeth; Other surgeries are recommended to speed healing, but not strictly medically necessary. Recently, more and more parents are choosing not to let their children play football or other sports that put the child at risk of CTE. I have found that sometimes decisions about schools and activities are simply due to finances and there is nothing wrong with saying « no » because these things are not a financial priority. Typically, you also make day-to-day legal decisions during your parental leave (physical custody). For example, if your children had an emergency appendectomy during your period of care, you would immediately take your child to the hospital and have them treated, even if the other parent did not give permission. It is not uncommon for parents to have different views on decisions that affect their children. In some cases, the court may assign « tie-breaker power » on a particular subject, such as schooling; or choose a specific therapist for a parent. If the children share the same amount of time with both parents, the courts can see the history of the case and determine which is the most « reasonable. » Of course, there are times when even the most well-intentioned parents find themselves at an impasse in a shared custody situation.
To address this possibility, a Maryland court may grant a parent the power to « break equality » in a joint custody agreement. As the Maryland Court of Appeals explained, tiebreaker authority does not mean that a parent has a greater voice in decision-making. Instead, the decisive parent can « make the final decision only after weighing in good faith the ideas that the other parent has expressed about their children. » Extracurricular activities. Extracurricular activities can be one of the most controversial aspects of detention. That`s because extracurricular activities can be time-consuming and expensive. And there are many choices to be made: how many activities should a child participate in? What happens if a parent strictly objects to their son playing football? Is there a limit to the amount of time or money you can spend on extracurricular activities by the other parent? Can you plan extracurricular activities during the other parent`s parental leave? These are some of the many questions your parenting plan can and should answer.