Under this act, both guardians (usually parents) continue to have all the responsibilities and powers of guardianship after a separation until there is an agreement between the parents to the contrary, or a court order to the contrary.
If parents are able to agree on how to exercise the powers of guardianship after separation, they may continue to do so as they did before separation, without the need for a parenting order. However, if parents cannot agree on how to exercise guardianship after separation, either parent can apply for a parenting order.
The Family Law Act provides flexibility in developing a parenting order by breaking down parenting time and specific parenting responsibilities between the parents. The order can also include a dispute resolution process to deal with future disputes regarding parenting arrangements. A parenting order must be made in the best interests of the child.