Parenting Time and Decision-Making in Ontario: What the Law Says About Custody

If you are separating or divorcing and have children, one of the most important issues you will face is how parenting arrangements will work going forward. In 2021, the Divorce Act was amended to replace the terms "custody" and "access" with "decision-making responsibility" and "parenting time." While the terminology has changed, the central principle remains the same: the best interests of the child come first.

Decision-Making Responsibility

Decision-making responsibility refers to the authority to make significant decisions about a child's well-being, including decisions about education, health care, religion, and extracurricular activities. This can be allocated to one parent (sole decision-making) or shared between both parents (joint decision-making). Joint decision-making requires the parents to be able to communicate and cooperate on major decisions. If the relationship between the parents is highly conflictual, the court may grant sole decision-making to one parent.

Parenting Time

Parenting time is the time a child spends in the care of each parent. There is no presumption of equal parenting time in Ontario law — the schedule is determined based on what is in the best interests of the child. Factors the court considers include the child's needs and stage of development, the nature of the child's relationship with each parent, each parent's ability to care for the child, the child's views and preferences (depending on age and maturity), and any history of family violence.

Parenting Plans

The Divorce Act encourages parents to create a parenting plan that sets out the parenting time schedule, how decision-making responsibility is allocated, how the parents will communicate about the children, and how disputes will be resolved. A well-drafted parenting plan can prevent future conflict and provide stability for the children. If parents cannot agree, the court will make the decision.

Relocation

If a parent wants to move with the children to a location that would significantly affect the child's relationship with the other parent, the Divorce Act imposes specific notice and procedural requirements. The relocating parent must give at least 60 days written notice. If the other parent objects, the matter goes to court, where the burden of proof depends on the existing parenting arrangement. Relocation cases are among the most difficult in family law.

Get Legal Help

Parenting disputes can be emotionally draining and legally complex. Ken Wise & Associates helps parents navigate custody and parenting time issues, negotiate parenting plans, and represent clients in court when agreement cannot be reached. Contact us for a consultation.