In Prince Edward Island, the term “joint custody” has been replaced with “shared decision-making responsibility”. This means both parents have an equal say in major life choices for the child, such as healthcare, education, and religion. If you need to file an application at the Supreme Court of Prince Edward Island, basic filing fees start around $100 to $200 CAD.
Going through a separation is incredibly stressful, especially when children are involved. The older terminology of “custody” and “access” often made parents feel like they had to fight to “win” their kids. Today, Canada’s updated Divorce Act and PEI’s provincial family laws focus entirely on a child-first approach. The goal is to encourage co-parenting and reduce conflict.
Shared decision-making responsibility means that both parents must consult each other and agree on significant decisions affecting the child’s life. It is important to note that decision-making is completely separate from “parenting time” (how many days the child sleeps at each house). To ensure your parental rights are fully protected, we highly recommend consulting a qualified family lawyer from our directory. 🔮
Step-by-Step Process in Prince Edward Island
Whether you reside in Charlottetown, Summerside, or a rural community in PEI, the legal standard remains the same: every decision must be made in the “best interests of the child”. The courts generally presume that maximum contact with both parents is beneficial, provided there is no history of family violence.
Step 1: Understand the New Terminology
Before negotiating, you must understand that Canadian family law no longer uses the word “custody”. Instead, you will be negotiating “decision-making responsibility” (who makes the major choices) and “parenting time” (the physical schedule). Even if a child lives primarily with one parent, both parents can still legally share equal decision-making power. 📚
Step 2: Open Communication with Your Co-Parent
Judges in PEI will only grant shared decision-making if they believe the parents can actually communicate without endless hostility. Keep your text messages and emails polite, focused strictly on the children, and free of insults. Demonstrating a history of reasonable co-parenting is your absolute best evidence if the matter goes to court.
Step 3: Draft a Detailed Parenting Plan
Most separated parents successfully avoid court by writing a parenting plan together. This document should clearly state that both parents share decision-making responsibility for health, education, and religion. Having a law firm draft or review this agreement ensures it is legally sound and enforceable. 📝
Step 4: File at the Supreme Court (If Necessary)
If you cannot agree, you may need to file an originating application at the Supreme Court of Prince Edward Island (Family Section). You will have to submit an affidavit explaining why shared decision-making is best for your child. Going to trial is exhausting and expensive, so mediation is always encouraged first.
How Much Does it Cost in Prince Edward Island?
Resolving family disputes out of court is always the most affordable option. Litigation costs can spiral quickly depending on the level of conflict. 💰
- Basic Court Filing Fees: Filing a family application at the Supreme Court of PEI generally costs around $100 to $200 CAD.
- Lawyer Drafting Fees: Hiring a local lawyer to draft a separation agreement and parenting plan usually ranges from $1,500 to $3,000 CAD.
- Hourly Legal Fees: If you go to trial, family lawyers in PEI typically charge between $200 and $450 CAD per hour.
- Mediation: Private family mediators usually charge between $150 and $300 CAD per hour, which parents often split evenly.
How Long Does the Process Take?
If you and your ex-partner are amicable, you can draft and sign a legally binding parenting agreement in just 4 to 8 weeks. If you are forced to go through the PEI court system to obtain a judge’s order for decision-making responsibility, the entire process can easily drag on for 1 to 2 years. ⏱
Decision-Making vs. Parenting Time
| Concept | What It Means | Example |
|---|---|---|
| Decision-Making Responsibility | The legal right to make major life choices for the child. | Choosing the child’s school, dentist, or religious affiliation. |
| Parenting Time | The physical time the child spends in the care of a parent. | A week-on, week-off schedule or alternating weekends. |
| Day-to-Day Decisions | Routine choices made by the parent who currently has the child. | What the child eats for dinner, bedtime routines, or minor discipline. |
Frequently Asked Questions (FAQ)
What happens if we share decision-making but cannot agree on a medical treatment?
If you reach a total deadlock, you will need to use the dispute resolution method outlined in your parenting plan, which is usually meeting with a mediator. If mediation fails, you may have to apply to the Supreme Court of PEI for a judge to break the tie, though courts strongly prefer parents to compromise.
Does shared decision-making mean we must have 50/50 parenting time?
No. You can have shared decision-making responsibility even if the child lives with you 80% of the time and only visits your ex-partner on weekends. The legal authority to make major choices is completely separate from the physical living schedule.
Can a judge deny shared decision-making?
Yes. If there is a history of family violence, severe substance abuse, or if the parents are entirely incapable of speaking to one another without intense hostility, a PEI judge may award sole decision-making responsibility to just one parent to protect the child from ongoing toxic conflict.
Do I need to ask my ex before getting the child a haircut?
Generally, no. Haircuts, bedtimes, and meals are considered day-to-day decisions. The parent who currently has parenting time is legally allowed to make these routine choices without consulting the other parent, unless your specific parenting agreement explicitly states otherwise.
Leave a Reply