Understanding Ontario Parenting Law
Decision-Making Responsibility
This is who decides the big things — schooling, healthcare, religion, and extracurricular activities. It can be shared jointly between both parents. Or it can sit with one parent alone.
Parenting Time
This is how much time each parent spends with the children. Schedules vary widely. They can range from a simple weekly rotation to complex arrangements for long-distance or blended families.
The Best Interests of the Child
Every parenting decision in Ontario comes back to one test: what is best for the child? Courts look at the child’s relationships, each parent’s ability to meet the child’s needs, stability, and — where appropriate — the child’s own wishes.
Important: Ontario family law changed in 2021. The Divorce Act now uses ‘decision-making responsibility’ instead of ‘custody,’ and ‘parenting time’ instead of ‘access.’ Our lawyers apply the current law.
Common Types of Parenting Arrangements
🤝 Joint Decision-Making:
Both parents share major decisions. Requires consistent communication and co-operation.
👤 Sole Decision-Making:
One parent makes major decisions. Often appropriate when communication has broken down severely.
📅 Primary Residence:
The child lives mainly with one parent, with scheduled time for the other parent.
⚖ Equal Parenting Time:
The child spends roughly equal time with each parent, such as week-on, week-off.
🌍 Long-Distance Arrangements:
Structured plans when parents live in different cities or countries, often with block parenting time.
🌱 Graduated Plans:
Plans that evolve as children grow are especially useful for very young children.
What Makes a Good Parenting Plan?
A strong parenting plan reduces conflict by settling details in advance. A thorough plan covers:
- Regular weekly parenting schedule
- Holiday and vacation arrangements: Christmas, March break, summer
- How major decisions will be made, and what happens if parents disagree
- How parents will communicate with their children
- What happens if the schedule needs to change
- Provisions for travel and relocation
- A process for resolving future disputes
Our lawyers draft parenting plans that are detailed enough to prevent problems and flexible enough to adapt as your family grows.
When Parenting Becomes a Dispute
If you and your co-parent cannot agree, a court will decide based on the child’s best interests. This can involve a Voice of the Child report, a psychological assessment, or involvement of the Office of the Children’s Lawyer.
We always try mediation and negotiation first. But when a court is necessary, we are experienced advocates in Toronto family courts.
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Common Questions About Child Custody in Ontario
At what age can a child choose which parent to live with?
There is no set age in Ontario law. Courts give increasing weight to a child’s preferences as the child gets older and more mature. A teenager’s wishes carry significant weight but the court still focuses on best interests, not just the child’s choice.
Can I move to another city with my children after separation?
Not without permission. Under the 2021 Divorce Act amendments, you must give written notice to the other parent at least 60 days before any planned relocation. If they object, a court decides whether the move is in the children’s best interests.
What is the difference between joint custody and shared parenting?
Joint decision-making means both parents share decisions about the child’s life. Shared parenting time means the child spends roughly equal time in each home. You can have one without the other.
Protect your relationship with your children. Call Unified LLP at 416.787.7678 free consultation with a Toronto child custody lawyer.
