Child Custody FAQs in Ontario: Common Questions Answered

Does Ontario Still Use the Terms “Custody” and “Access”?

The terms ‘custody’ and ‘access’ have been replaced in Ontario’s family law. The Divorce Act now uses ‘parenting time’ to refer to when a child is in a parent’s care, and ‘decision-making responsibility’ to refer to a parent’s authority to make major decisions about a child’s life. Ontario’s Children’s Law Reform Act has made similar changes.

How Do Courts Decide Who Gets More Parenting Time?

Courts in Ontario make all parenting decisions based on the best interests of the child. There is no automatic preference for either parent. Courts assess factors including each parent’s relationship with the child, their history of caregiving, each parent’s ability to meet the child’s needs, the importance of stability and continuity, and any history of family violence.

Can I Stop My Spouse From Seeing the Children?

Generally, no. Unless there is a serious risk of harm to the children, both parents have the right to maintain a relationship with their children. Withholding parenting time without a court order or the other parent’s agreement can have serious legal consequences, including being found in contempt of court.

What If My Child Doesn’t Want to Visit the Other Parent?

A child’s preferences are considered by courts, with more weight given as the child gets older and matures. However, a child’s wishes are not determinative, particularly for younger children. Courts look at the reasons behind the child’s views and whether they may be unduly influenced by one parent.

Do Children Have to Testify in Court?

Children are very rarely required to testify in Ontario family court proceedings. Their views may be conveyed through other means, such as through a court-ordered assessor or a Voice of the Child report. Direct involvement of children in court proceedings is generally avoided to minimize the emotional impact on them.

Can I Change a Parenting Order?

Yes, but only if there has been a material change in circumstances since the last order was made. Examples of material changes include one parent relocating, a significant change in a parent’s work schedule, or a change in the child’s needs. Simply being unhappy with the current arrangement is not sufficient grounds for a variation.

What Is a Voice of the Child Report?

A Voice of the Child report is prepared by a trained professional who meets with the children and prepares a report that conveys the children’s views and preferences to the court. It is less invasive and less expensive than a full custody and access assessment.

Do Grandparents Have Parenting Rights in Ontario?

In Ontario, grandparents and other non-parent family members can apply for contact with a child under certain circumstances. The court will consider the best interests of the child, including the benefit of maintaining a relationship with extended family.