What is a parenting order in Manitoba and how do I get one?

This answer covers the law of Manitoba.

A parenting order is a court order that sets parenting time and decision-making responsibility for your child. It replaced the older ideas of custody and access in Manitoba. It can give those responsibilities to either parent, to both, or to others the Act permits.

Parenting time is the time a child spends in the care of a person, and decision-making responsibility covers significant decisions about health, education, culture, religion and significant extra-curricular activities. Without an order, parents generally share joint rights, but if they never lived together after the child's birth, the parent the child lives with is the only one with decision-making responsibility unless an order says otherwise.

To get one, an application is filed in the Court of King's Bench or, for most orders, the Provincial Court, and the other party is served. A non-parent needs the court's leave. If you do not agree, expect a parenting plan, documented attempted mediation and a triage conference, plus the For the Sake of the Children program unless an exemption applies, such as the other parent living outside Manitoba. Urgent situations can go to an emergent hearing first. Which statute and forms apply depends on whether you are married and claiming a divorce, so a lawyer can confirm your steps.