Transitions between homes in parenting plans: A Canadian perspective on legal considerations

Abstract

Children and adolescents can experience a wide range of emotions when transitioning between their parents' homes after separation and divorce, including anticipation, distress, and fear. Even when they enjoy spending time at each parent's residence, changeovers can expose them to interparental conflict and loyalty conflicts. Poorly managed, these changeovers can have a direct impact on children's overall adjustment and sense of belonging. Despite the importance of these transitions, there is a noticeable lack of social science research on how to make them more child-centered. Family law professionals have traditionally paid little attention to managing changeovers within parenting plans and court orders. This study reviews over 20 years of Canadian court decisions to understand how judges handle these exchanges. Sixty-six court final decisions from across Canada reveal a wide variation in court orders regarding the specific needs of children and youth during these changeovers. The findings highlight the different ways judges address risks and protective factors during changeovers. Implications include the need to frame these changeovers within a comprehensive model extending beyond simple logistics and emphasizing the structure, process, and management of changeover planning as an essential part of developing parenting plans.