Help Center Category: Child Custody, Child Support

What Is Parenting Time?

Parenting time refers to the time a child spends in the care of each parent. It replaces the older concept of “access.” During parenting time, a parent is responsible for the day-to-day care and decisions related to the child while the child is with them. Parenting time can be structured in many ways — from equal shared time to the majority of time being spent with one parent.

What Is Decision-Making Responsibility?

Decision-making responsibility — formerly referred to as “child custody” — refers to the authority to make significant decisions about a child’s life. These are decisions that affect the child’s health, education, religious upbringing, and general welfare. Decision-making responsibility can be shared between parents (joint), held by one parent (sole), or divided on a topic-by-topic basis.

Sole vs. Joint Decision-Making Responsibility

Sole Decision-Making Responsibility

When one parent holds sole decision-making responsibility, they have the exclusive authority to make major decisions about the child’s welfare. This does not necessarily mean the other parent has no involvement — they may still have substantial parenting time — but the final say on significant decisions rests with one parent.

Joint Decision-Making Responsibility

Joint decision-making responsibility means both parents share the authority to make major decisions about the child. This requires a reasonable level of communication and cooperation between parents. Courts encourage joint decision-making where parents can communicate effectively and cooperate in the best interest of the child.

What Is the “Best Interests of the Child” Standard?

All decisions about parenting time and decision-making responsibility in Ontario must be guided by the best interests of the child. Courts consider many factors, including the child’s emotional ties with each parent, the history of caregiving, each parent’s ability to meet the child’s needs, the child’s own wishes (depending on age and maturity), and the presence of any family violence.

The Impact of Family Violence

The Divorce Act now explicitly requires courts to consider family violence when making parenting orders. Where there is a history of family violence, courts will carefully assess the safety of the child and the affected parent. In some circumstances, parenting time may be supervised.

Parenting Orders Under the Divorce Act

Where parents cannot agree on parenting arrangements, either parent may apply to the court for a parenting order. The court will make an order that is in the best interests of the child, based on all relevant factors. Parenting orders can be varied if there is a material change in circumstances.

Practical Considerations

• Document your involvement in the children’s day-to-day lives.
• Maintain respectful communication with the other parent.
• Never use children as messengers between parents.
• Focus on the children’s needs, not the conflict between parents.
• Consider a detailed parenting plan to minimize future disputes.

Why Is a Parenting Plan Important?

Children benefit from predictability and stability, especially during and after a family separation. A detailed parenting plan reduces ambiguity, decreases the likelihood of conflict, and helps both parents understand their respective roles and responsibilities. When issues arise later, a comprehensive parenting plan provides a framework for resolution.

Key Elements of a Parenting Plan

Parenting Schedule

The parenting schedule is often the most detailed part of the plan. It should specify where the children will reside during regular weeks, how transitions between homes will occur, the schedule for weekends, and how holidays and special occasions will be shared or alternated.

Holiday and Special Occasion Schedule

A good parenting plan addresses statutory holidays, school holidays, spring break, summer vacation, and special occasions such as birthdays, Mother’s Day, Father’s Day, and religious observances. Clarity on these matters prevents recurring disputes each year.

Decision-Making Arrangements

The plan should specify how major decisions about the children’s health, education, religion, and general welfare will be made — whether jointly, by one parent, or divided by area of responsibility. It should also address how parents will communicate about these decisions.

Communication Between Parents

Establishing how parents will communicate about the children — whether by email, text, phone, or a co-parenting app — can prevent misunderstandings. The plan can specify how quickly each parent is expected to respond and what method of communication should be used for different types of issues.

Travel and Relocation

The parenting plan should address how travel with the children is handled, including domestic and international travel. It should also set out what happens if one parent wants to relocate — notice requirements, consent requirements, and what happens if the parents disagree.

Extracurricular Activities

Provisions about who chooses and pays for extracurricular activities, and how activities that overlap with parenting time will be managed, can prevent disputes. Consider how expenses will be shared and how both parents can stay involved in the children’s activities.

Medical and Emergency Decisions

The plan should address how medical decisions will be made, how each parent will be kept informed of medical appointments and emergencies, and how contact information for medical providers will be shared.

Can a Parenting Plan Be Varied?

As children grow and circumstances change, a parenting plan may need to be updated. Both parents can agree to vary the plan by entering into an amended agreement. If one parent wishes to change the plan and the other disagrees, they can bring an application to vary a parenting order through the court, provided there has been a material change in circumstances.

Using a Mediator to Create a Parenting Plan

Many separated parents find it helpful to use a family mediator to assist in creating a parenting plan. Mediators are neutral professionals who help facilitate productive discussions. Agreements reached through mediation can then be reviewed by each parent’s lawyer and formalized in a separation agreement or court order.

What Is Child Support?

Child support is a regular payment made by one parent to the other to contribute to the costs of raising their children. It is designed to ensure that children benefit from the financial support of both parents after separation. It covers everyday expenses such as food, housing, clothing, and education.

How Is Child Support Calculated?

Child support in Ontario is governed by the Federal Child Support Guidelines (for divorcing couples) and the Child Support Guidelines under the Family Law Act (for common law couples and unmarried parents). The amount of child support is primarily determined by the paying parent’s income and the number of children.

Table Amount

The Guidelines include tables that set out the monthly child support amounts based on the payor’s province of residence, gross annual income, and number of children. This is known as the ‘table amount’ and serves as the starting point for all child support calculations.

Section 7 Special and Extraordinary Expenses

In addition to the table amount, parents may be required to share certain special and extraordinary expenses — often called ‘Section 7 expenses.’ These include childcare expenses, costs for post-secondary education, extraordinary extracurricular activities, and medical and dental expenses not covered by insurance. These are typically shared in proportion to each parent’s income.

Child Support in Shared Parenting Arrangements

When each parent has the children at least 40% of the time (a ‘shared custody’ arrangement), child support is calculated differently. Rather than simply paying the table amount, courts look at the Guidelines amounts for both parents and may adjust the support based on the increased costs of a shared arrangement and each parent’s income.

What Income Is Used for Child Support?

Income for child support purposes is generally the payor’s total income from line 15000 of their federal income tax return. However, the court may adjust this figure if the payor has non-recurring income, corporate income, or if there are other special circumstances. Imputing income (attributing income that a parent is not actually earning but should be) is also possible where a parent is voluntarily underemployed or unemployed.

Can Child Support Be Reduced or Increased?

Child support is not necessarily permanent. If either parent’s income changes significantly, or if there is a change in parenting arrangements, either parent can apply to vary the child support order or agreement. It is important to update child support when there is a material change in circumstances rather than allowing arrears to accumulate.

Enforcement of Child Support

In Ontario, child support orders are automatically filed with the Family Responsibility Office (FRO) unless both parents agree otherwise. The FRO enforces child support by intercepting income tax refunds, garnishing wages and bank accounts, suspending driver’s licences, and other enforcement mechanisms. Support arrears can also be registered against real property.

The Age of Majority Is Not the End Date

While the age of majority in Ontario is 18, child support under both the Divorce Act and Ontario’s Family Law Act can extend beyond this age. The key question is whether the child remains a “child” within the meaning of the applicable legislation.

When Child Support Continues After Age 18

Child support may continue beyond age 18 in a number of circumstances, including when the child is enrolled in full-time post-secondary education, when the child has a disability or illness that prevents them from becoming financially independent, or when the child is dependent on the parents for reasons other than their own choice (such as a recognized medical condition).

Child Support and Post-Secondary Education

The question of support for a child attending post-secondary education is one of the most common issues in Ontario family law. Courts generally expect both parents to contribute to the costs of a child’s post-secondary education in proportion to their incomes, alongside any contributions expected from the student themselves. The calculation for support during post-secondary education can differ from the straightforward Guidelines table amount.

What Costs Are Included?

Post-secondary support can include tuition, textbooks, residence fees, meal plans, and other reasonable educational expenses. Courts consider the child’s academic record, the nature of the program, and whether the child is making reasonable efforts toward completion of their studies.

When Child Support Typically Ends

• The child becomes financially self-sufficient and no longer depends on parents.
• The child completes full-time post-secondary studies.
• The child marries or enters into a common law relationship.
• The child is no longer in the care of the recipient parent (e.g., has moved out independently).
• The child reaches an age and stage where they are not in any of the above dependent situations.

How Is Child Support Terminated?

Child support does not automatically stop when a child reaches a certain age or graduates from school. To officially end the obligation, the parties should either agree to terminate support in a written agreement or apply to the court to vary or terminate the existing child support order. If payments continue without an official termination, arrears can accumulate even if both parties informally agreed to stop.

What About Children With Disabilities?

For a child who has a disability, chronic illness, or other condition that prevents them from achieving financial independence, child support may continue indefinitely. Courts assess each case based on the child’s specific needs and circumstances, and the extent to which each parent is able to contribute.

Retroactive Child Support

If the paying parent failed to disclose an increase in income, a court may order retroactive child support — meaning the payor owes back payments for a period before the claim was made. Courts in Ontario follow guidelines established by the Supreme Court of Canada in assessing retroactive support claims.

What Is Relocation Under the Divorce Act?

Under the amended Divorce Act, ‘relocation’ means a move that would have a significant impact on the child’s relationship with the other parent. Moving across town may not qualify as a relocation in the legal sense. Moving to another province or country almost certainly will. The test is whether the move significantly affects the child’s relationship with the non-moving parent.

Notice Requirements for Relocation

A parent who wants to relocate with a child must provide the other parent with at least 60 days’ written notice. The notice must include the proposed date of the move, the address of the new location, and a proposed revised parenting plan. Failure to provide proper notice can seriously damage a parent’s case before the court.

The Other Parent’s Options

After receiving notice of a proposed relocation, the other parent has 30 days to object in writing. If they do not object, the relocating parent may be permitted to move. If they do object, the matter will proceed before the court for a decision. Neither parent should relocate with the children before obtaining the other’s written consent or a court order.

How Courts Decide Relocation Cases

Courts apply the best interests of the child test, considering all relevant factors. The Divorce Act specifies that courts must consider the reasons for the move, the impact on the child’s relationship with the non-moving parent, whether the child’s educational, emotional, and developmental needs can be met after the move, the proposed revised parenting plan, and any family violence.

Burden of Proof in Relocation Cases

The burden of proof in relocation cases depends on the existing parenting arrangement. If the child primarily lives with the parent wishing to relocate, that parent must show that the relocation is in the child’s best interests. If parenting time is relatively equal, the relocating parent bears the burden of showing the move is in the child’s best interests. If parenting time is primarily with the other parent, the relocating parent must show the move is in the child’s best interests.

Domestic vs. International Relocation

International relocation raises additional concerns, including jurisdiction, enforcement of parenting orders across borders, and travel documents. Courts approach international relocation with particular caution when there are concerns about parental abduction or non-return.

Practical Tips for Parents Considering Relocation

• Provide proper written notice well in advance of the proposed move date.
• Engage in good-faith discussion with the other parent before resorting to court.
• Present a realistic and detailed revised parenting plan.
• Do not relocate without consent or a court order.
• If opposing a relocation, respond in writing within 30 days of receiving notice.

The Family Responsibility Office (FRO)

The Family Responsibility Office is Ontario’s government agency responsible for enforcing support orders and agreements. When a support order is made by an Ontario court, it is typically automatically filed with the FRO. The FRO collects support payments from the payor and forwards them to the recipient.

How the FRO Enforces Support

The FRO has broad powers to enforce child support obligations. Where a payor is not making payments, the FRO can take a range of enforcement actions.

• Garnishment of wages: The FRO can require an employer to deduct support payments directly from the payor’s wages.
• Bank account garnishment: The FRO can garnish bank accounts held by the payor.
• Interception of federal payments: The FRO can intercept federal income tax refunds, EI benefits, and GST credits.
• Driver’s licence suspension: The FRO can direct the Ministry of Transportation to suspend the payor’s driver’s licence.
• Passport denial: The FRO can direct the federal government to deny or refuse to renew the payor’s passport.
• Property liens: The FRO can register a lien against the payor’s real property.
• Reporting to credit bureaus: Arrears can be reported to credit agencies.
• Court proceedings for contempt: The FRO can bring the payor before the court for failure to pay, which can result in fines or incarceration.

What to Do If You Are Not Receiving Support

If you have an existing support order registered with the FRO and are not receiving payments, contact the FRO to report the arrears and request enforcement action. If your support order is not yet filed with the FRO, you may need to take steps to register it.

Opting Out of FRO

Both parties can agree to opt out of FRO enforcement if they prefer to manage support payments between themselves. However, opting out requires both parties to consent and to file the necessary court forms. If the payor later falls behind, either party can opt back into FRO enforcement.

Arrears and Interest

Unpaid child support is called arrears. Arrears accumulate with interest and do not simply disappear. Even if a payor argues that the circumstances have changed, arrears that have already accrued must still be paid unless the court agrees to vary or rescind them.

Applying to the Court for Enforcement

In some cases, additional court proceedings may be required. For example, if a payor is self-employed or concealing income, a court application may be needed to impute income or to obtain additional financial disclosure. A judge can make specific enforcement orders and even issue a warrant for the arrest of a non-complying payor.

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.