Parenting Time vs. Decision-Making in Ontario: Understanding the Difference

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.