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Family - Parenting - AFCC-O Guidelines. Tremblay-Chartier v. Blanchette
In Tremblay-Chartier v. Blanchette (Ont Div Ct, 2025) the Ontario Divisional Court allowed a family law appeal, here brought against a "temporary order ... granting the respondent father, Mr. Blanchette, equal parenting time with the parties’ 15-month-old child on a week-about basis".
Here the court considers the AFCC-O Parenting Guidelines:AFCC-O Guidelines:
[39] The motion judge made a finding that the Association of Family and Conciliation Courts (“AFCC-O”) Guidelines are not law, and less applicable in this case.
[40] While the AFCC-O Guidelines are not binding law, Ontario courts have accepted the social science behind the Guidelines when making parenting orders in the best interests of young children: Hatab, at para. 61. If a judge departs from the established and widely accepted social science research, reasons are needed to depart from same. None were given in this case.
[41] The AFCC-O Guidelines summarize basic social science knowledge about the effects of parental separation on children, provide suggestions and guidance to help improve communication and cooperation between separated parents, and offer guidance about formulating parenting arrangements that meet the needs of children. The Court’s approach to the AFCC-O Guidelines was summarized by McGee J. in Melbourne v. Melbourne, 2022 ONSC 2299, 72 R.F.L. (8th) 84, starting at para. 19:[19] The AFCC Parenting Guidelines were prepared by the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-Ontario) to assist parents and their professional advisors in specifically developing the best, child-focused, and realistic parenting plans. As set out in its preamble,This Guide combines knowledge gained from developmental research on the impact of parental separation and divorce on children, with practical insights about the needs of children with parents living apart. This Guide is intended to be used in conjunction with the AFCC-Ontario Parenting Plan Template, which offers suggestions for specific clauses that can be used or adapted for a parenting plan. [20] I agree with Justice Chappel in McBennett v. Davis, 2021 ONSC 3610, when she states in paragraph [92]:The AFCCO-O Guide summarizes basic social science knowledge about the effects of parental separation on children, provides suggestions and guidance to help improve communications and cooperation between separated parents and offers valuable guidance about formulating parenting arrangements that meet the needs of children. [21] And as further stated by Justice Kraft in H. v. A., 2022 ONSC 1560 at para. 61:The parenting plan guide produced by the Association of Family and Conciliation Courts - Ontario ("AFCC-O") has been found by many courts to be of great assistance in determining parenting schedules that are in a child's best interests, depending on the age of the child and his/her developmental stage. While not binding on the courts, the Guide provides a great deal of helpful information and reflects a professional consensus in Ontario about the significant (sic) of current child development research for post-separation. [Emphasis added.]
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