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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 98953
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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In a shared parenting situation, does the "primary caregiver" parent have decisi

Customer Question

In a shared parenting situation, does the "primary caregiver" parent have decision-making authority over the custodial parent?
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  Legal Ease replied 2 years ago.
Please clarify what you mean by the terms 'primary caregiver' and 'custodial parent'. I do not know how you are using the terms so your question does not actually make sense to me right now. Also please let me know your province.
Customer: replied 2 years ago.
I am in BC.My ex-wife is including the statement that SHE is the primary caregiver in a draft of our separation agreement. The kids are with me 45% of the time. She claims that she wants the recognition of primary caregiver to ensure she receives all the available tax benefits... but I fear that she really wants it so that she can make arbitrary decisions without feeling the need to consult me - despite the clauses that say we share equal 'Gaurdianship' under the new Family Law Act. Is that a groundless fear? If she were to be the primary caregiver - would she have decision-making power over me if we ever disagreed about a decision effecting the children?
Expert:  Legal Ease replied 2 years ago.
She wants to be the primary caregiver and it seems the sole legal guardian.What you want is to maintain the current living arrangement but have equal say in the major decisions which is very reasonable given the children live with you almost 50% of the time. So your position has to be that no matter what old or new label is used you want equal decision making rights. And if that means saying there is no primary caregiver then that is what you will need. So stay away from labels that are constantly be re-evaluated as the law is new and rather make any wording of any agreement or order exceedingly clear that both of you must take part in all major decisions and them make a list that is not exhaustive of the types of decisions, such as those relating to medical decisions, education decisions, about religious practices, about trips, etc

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