What are allocation judgements?
Allocation judgements are the judicial allocation of parental responsibilities in cases of divorce for couples with children. To a large extent, allocation judgements are determined by a proposed parenting plan submitted by both spouses to the judge. The parenting plan, which allocates significant decision-making responsibilities should usually be submitted within 120 days from the date of the receipt of court papers by the respondent.
What if the parents cannot agree on a parenting plain in allocation judgements?If the parents cannot agree on a parenting plan, the judge imposes the allocation judgement based on:
- The wishes of both parents regarding parental responsibilities
- The relationship between the child and the parent as well as other significant people in the child’s life and the child’s connection to the home, community, and school
- The physical and mental health of all the involved parties
- Any evidence of abuse or violence on the part of the parent
What are the essential decisions considered in allocation judgements?
The 2 essential decisions considered in allocation judgements are:
- The responsibilities to be fulfilled by each parent
- The time spent by each parent with the children
What are the significant decision-making responsibilities that will be included in allocation judgements?
The 4 significant decision-making responsibilities that will be included in allocation judgements are:
- Education of the child (choice of schools etc.)
- Health of the child (physical & emotional)
- Extracurricular activity
Why are parenting classes required in allocation judgements?
The purpose of parenting classes in allocation judgements is to teach parents how to:
- Have healthy communication between each other and their children
- Give a higher priority to the children’s best interest rather than their own disputes
- Keep children out of disputes between the spouses
- Reduce the likelihood of extensive & expensive litigation
What are the consequences of failure to comply with allocation judgements?
Failure to comply with allocation judgements can have significant consequences if the court feels that the best interests of the children have been compromised. It can result in contempt of court charges or fines.