In Ontario, child custody and parenting time are among the most sensitive and important issues that arise during a separation or divorce. These terms govern how decisions are made about a child’s upbringing and how much time each parent spends with their child. While each family’s situation is unique, Ontario’s legal framework prioritizes the best interests of the child in all custody and access decisions..
About Child Custody and Parenting Time
As of March 1, 2021, Canadian family law terminology changed to better reflect parenting responsibilities. The terms “custody” and “access” have been replaced with “decision-making responsibility” and “parenting time” under the Divorce Act. However, in Ontario’s Children’s Law Reform Act, the terms custody and access may still be used.
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Decision-making responsibility refers to a parent’s authority to make important decisions about the child’s welfare, including matters related to health, education, religion, and culture.
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Parenting time refers to the time a child spends in the care of a parent, regardless of whether the child is physically with that parent or supervised by another caregiver designated by that parent.
Types of Parenting Arrangements
Ontario courts recognize various parenting arrangements based on the child’s best interests:
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Sole Decision-Making Responsibility: One parent has the exclusive right to make major decisions about the child’s life.
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Joint Decision-Making Responsibility: Both parents share decision-making duties and must cooperate on major issues.
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Shared Parenting Time: The child spends at least 40% of the time with each parent.
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Split Parenting Time: Each parent has one or more children primarily residing with them (applies in families with more than one child).
Determining the Best Interests of the Child
Under Ontario law, all decisions related to custody and parenting time must be made in accordance with the best interests of the child. Factors considered by the court include:
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The child’s physical, emotional, and psychological safety
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The nature and strength of the child’s relationship with each parent and other key individuals
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Each parent’s ability and willingness to care for the child
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The child’s views and preferences, where appropriate
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The history of care and upbringing
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Any family violence or risk thereof
What’s Next?
Navigating parenting arrangements during or after separation can be legally complex and emotionally challenging. Whether you are seeking to negotiate a parenting plan or respond to an application before the court, it is essential to understand your rights and obligations.
We recommend speaking with a qualified family law professional to ensure that your child’s best interests are protected and your parental rights are respected.
Need Help with a Custody or Parenting Time Issue?
At Amandi Law, our family law team is experienced in guiding clients through all aspects of child custody and parenting time. We work with compassion, clarity, and legal precision to help you achieve the best possible outcome for you and your child.
Contact us today to schedule a confidential consultation.
