Child Custody in Ontario: A Parent’s Complete Guide

Custody Is No Longer the Right Word — Here’s Why:

If you are researching child custody in Ontario, you may be surprised to learn that the federal Divorce Act and provincial Children’s Law Reform Act no longer use the words “custody” or “access.” In March 2021, these terms were replaced with “decision-making responsibility” and “parenting time” to better reflect the shared parenting model that Ontario law now encourages.

Despite the change in terminology, the underlying issues remain the same — and parents still commonly use the word “custody.” This guide explains the current legal framework, your rights as a parent, and how parenting matters are decided in Ontario.

The Best Interests of the Child: The Guiding Principle

Every decision about parenting in Ontario must be made according to one overarching standard: the best interests of the child. Courts and lawyers consider a long list of factors when applying this test, including:

• The child’s physical, emotional, and psychological needs
• The nature and strength of the child’s relationship with each parent
• Each parent’s willingness to support the child’s relationship with the other parent
• The history of caregiving — who has been the primary caregiver
• The child’s views and preferences, depending on age and maturity
• The child’s cultural, linguistic, religious, and spiritual heritage
• Any history of family violence and its impact on the child
• Each parent’s ability to meet the child’s needs

Decision-Making Responsibility

Decision-making responsibility refers to the authority to make significant decisions about a child’s life. These include decisions about education, healthcare, religion, and extracurricular activities. Parents may share decision-making (“joint”) or one parent may have sole decision-making responsibility.

Joint decision-making is the most common outcome when both parents are capable, willing to cooperate, and have meaningful relationships with the child. Sole decision-making is more appropriate where there is high conflict, family violence, or one parent has been largely absent.

Parenting Time

Parenting time is the time a child spends in the care of each parent. There are many possible schedules:

• Equal-time arrangements (such as week-on/week-off or 2-2-3 schedules)
• Primary residence with one parent and regular time with the other
• Weekday/weekend splits
• Supervised parenting time where there are safety concerns

There is no presumption of equal time in Ontario law. The schedule that is ultimately ordered or agreed upon is the one that best serves the child.

How Parenting Matters Are Resolved

Through Agreement

Most parents resolve parenting issues through negotiation, with or without the help of lawyers. A written separation agreement or parenting plan documents the arrangement and is enforceable in court.

Through Mediation

A neutral mediator helps both parents reach a workable plan. Mediation is typically less expensive and less adversarial than court.

Through Court

When parents cannot agree, either parent can apply to the Ontario Superior Court of Justice or Ontario Court of Justice for a parenting order. A judge will decide based on the best interests of the child.

Common Questions From Parents

Do mothers have an advantage in Ontario family court?

No. Ontario law is gender-neutral. The best interests of the child govern, and outcomes depend on the facts of each case, not on the sex of the parent.

At what age can a child choose which parent to live with?

There is no fixed age. Courts take a child’s views and preferences into account in a manner appropriate to their age and maturity. Older teens generally have more influence on outcomes than younger children.

Can grandparents seek parenting time?

Yes, in some circumstances. Grandparents and other third parties can apply for contact orders, though they face a higher bar than parents.

Why This Matters to You

Parenting decisions made now will affect your child — and your relationship with your child — for years to come. Getting clear, experienced legal advice early helps you understand your rights, avoid mistakes, and put forward the strongest possible case for an arrangement that serves your child’s best interests.

The Toronto child custody lawyers at Soica & Associates have helped hundreds of parents across the GTA navigate parenting disputes.

This article is intended for general informational purposes only and does not constitute legal advice. Laws may change, and outcomes vary depending on individual circumstances. Please consult a qualified family law lawyer at Soica & Associates for guidance specific to your situation.