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What is the Rebuttable Presumption of Equal Shared Parenting (RPESP)?

With the Rebuttable Presumption of Equal Shared Co-Parenting, a 50/50 equal shared co-parenting time is presumed or is the "starting point" taken by the Court in cases of separation or divorce.

This presumption can be rebutted or denied if there is a preponderance of evidence that equal shared co-parenting is not in the best interests of the child (for example in cases of neglect or abuse). The burden of proof will be the responsibility of the parent opposing RPESP.

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Questions and answers about the RPESP

What if a parent is abusive?

The rebuttable presumption of ESP allows for situations where contact with both parents may not be in the children’s best interest, such as cases of child abuse. But evidence will be needed.

Has RPESP been tried before?

Many countries now have equal shared co-parenting legislation:

  • Norway

  • Sweden

  • Denmark

  • Belgium

  • Netherlands

  • Parts of Spain

  • Greece

  • Brazil

  • Many US states: Kentucky, Arizona, Arkansas, West Virginia, Florida, Missouri

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Is there public support for the Rebuttal Presumption Equal Shared Co-Parenting?

Yes, there is strong support. We have two decades of public opinion polls that demonstrates Canadians agree that equal shared parenting is best for children, best for parents and grandparents, and best for society. A vast majority of Canadians believe that children need both parents for their optimum growth. According to a 2022 survey:

  • 77% of Canadians support a presumption of ESP after separation or divorce, absent special circumstances

  • 89% feel that ESP is in “the best interests of the child" after separation or divorce

  • 90% feel children have the right to both parents after separation or divorce

  • Canadians are 6 times more likely to vote for a political candidate who supports equally shared parenting

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