Parenting Laws in Ontario
Parenting disputes in Ontario are generally governed by the federal Divorce Act or Ontario’s Children’s Law Reform Act. The Divorce Act applies to parenting orders made in divorce proceedings between spouses. The Children’s Law Reform Act commonly applies to unmarried parents and to married parents proceeding outside a divorce case.
Both statutes require parenting decisions to be based exclusively on the child’s best interests. There is no automatic presumption that parenting time must be divided equally or that one parent should have primary care. The court must consider the particular child’s needs and circumstances rather than apply a fixed formula.
The terms “custody” and “access” remain familiar and may appear in older agreements and court orders, but current legislation generally uses “decision-making responsibility” and “parenting time.” Decision-making responsibility concerns authority to make significant decisions about the child. Parenting time refers to the periods during which the child is in a person’s care, regardless of whether the child is physically present with that person throughout the entire period.
The Best Interests of the Child
The child’s physical, emotional and psychological safety, security and well-being are the central considerations in every parenting decision. A court may consider the child’s age and stage of development, needs, relationships with parents and other important people, history of care, cultural, linguistic, religious and spiritual upbringing and heritage, views and preferences, and need for stability.
The court may also consider each parent’s willingness and ability to care for the child, communicate and cooperate about parenting issues, and support the child’s relationship with the other parent. A parent is expected to encourage that relationship only to the extent that doing so is consistent with the child’s best interests.
In Van de Perre v. Edwards, 2001 SCC 60, the Supreme Court of Canada emphasized that the best-interests inquiry is highly contextual and requires consideration of the child’s circumstances as a whole. No single factor, parental preference or general assumption determines the result.
Family Violence and Parenting Arrangements
Family violence is directly relevant to the child’s best interests. Under the applicable legislation, it may include physical abuse, sexual abuse, threats, coercive and controlling conduct, psychological abuse, financial abuse, harassment, stalking and a child’s direct or indirect exposure to such conduct.
In Barendregt v. Grebliunas, 2022 SCC 22, the Supreme Court of Canada rejected the suggestion that violence directed against one parent can be treated as irrelevant merely because the child was not the direct target. Family violence may affect the child’s safety and well-being, undermine the victimized parent’s ability to care for the child and bear on the other parent’s capacity to meet the child’s needs.
A court may consider the nature, seriousness and frequency of the conduct, whether there is a pattern of coercive control, whether the child was exposed to the behaviour, whether the conduct caused or risked harm, and whether it affects a person’s ability to care for the child or cooperate on parenting matters.
The appropriate protective terms depend on the evidence. They may include supervised parenting time, supervised exchanges, restricted communication, structured information-sharing, geographic restrictions, non-removal terms, limits on disclosing a protected address or other safety measures. Protective terms should respond to the identified risk and should not use the child’s relationship with either parent as leverage.
An expectation of parental cooperation should not be imposed where cooperation would expose a parent or child to harm or allow a pattern of coercive control to continue.
Decision-Making Responsibility
Decision-making responsibility concerns significant decisions affecting a child’s well-being. It may include decisions about education, medical and dental care, religion, culture and important extracurricular activities.
Decision-making responsibility may be allocated jointly, divided by subject or granted to one parent. Joint decision-making generally requires a workable process for exchanging information, consulting and resolving disagreements. It may not be appropriate where there is serious conflict, family violence, coercive control or a sustained inability to make decisions together.
A parenting arrangement should identify which decisions require consultation, how information will be exchanged, how urgent decisions will be handled and what process will apply if the parents disagree. If responsibility is divided by subject, the agreement or order should define each parent’s authority precisely and address matters that overlap more than one subject.
Day-to-day decisions are ordinarily made by the person exercising parenting time. A person responsible for the child at a particular time may also make an urgent health or safety decision unless an agreement or court order provides otherwise.
Parenting Time
A parenting schedule should reflect the child’s needs rather than the preferences of either parent. Relevant considerations may include the child’s age, developmental needs, school and childcare schedule, temperament, health, activities, relationship with each parent, travel time between homes and the parents’ respective histories of care.
Parenting time may follow a regular weekly or biweekly schedule, but the arrangement should also address holidays, school breaks, birthdays, cultural or religious occasions, vacations and special family events. Clear provisions can reduce later disputes about exchanges, transportation, missed time and schedule changes.
For younger children, shorter and more frequent periods may sometimes be suitable. Older children may require greater flexibility to accommodate school, activities, friendships, employment and developing independence. The arrangement may need to evolve as the child’s circumstances change.
There is no presumption that parenting time must be divided equally. The Divorce Act requires the court to give effect to the principle that a child should have as much time with each spouse as is consistent with the child’s best interests. In Barendregt v. Grebliunas, the Supreme Court of Canada confirmed that this principle does not create a presumption of equal parenting time and must not displace the child-centred best-interests analysis. A schedule may be equal, close to equal or substantially different, depending on the evidence and the child’s circumstances.
Developing a Parenting Plan
A parenting plan sets out how parents will organize their responsibilities following separation. It may form part of a separation agreement or court order or operate as a separate written arrangement.
A comprehensive parenting plan may address the regular schedule, holidays, exchanges, transportation, decision-making responsibility, communication between parents, contact with the child during the other parent’s time, access to school and medical information, extracurricular activities, travel, passports, relocation, childcare, introductions to new partners, dispute resolution and future reviews.
The plan should be detailed enough to provide certainty without becoming unnecessarily rigid. Terms such as “reasonable parenting time,” “as agreed” or “shared holidays” may be difficult to interpret or enforce unless supported by a clear schedule and a process for resolving disagreements.
A parenting plan should also distinguish parenting issues from financial obligations. Parenting time and child support may interact in certain legal and practical respects, but a parent cannot ordinarily withhold parenting time because support has not been paid. Similarly, a parent cannot stop paying support because of a parenting dispute.
Communication and Information-Sharing
An effective parenting arrangement establishes how the parents will communicate about the child. Depending on the circumstances and level of conflict, communication may occur by email, text message, telephone, a parenting application or another agreed method.
The arrangement may identify what information must be shared, how quickly a parent must respond, how emergencies will be communicated and how each parent will obtain school, medical and activity records. A person with parenting time or decision-making responsibility may have statutory rights to request and receive information about the child’s health, education and welfare, subject to the applicable legislation and any agreement, court order or safety-related restriction.
Where direct communication is difficult, a structured written method may reduce conflict and preserve an accurate record. Communication terms should focus on the child and should not create unnecessary opportunities for surveillance, harassment or control.
- Travel and Passports
A parenting agreement should address travel within and outside Canada. The terms may specify the notice required, the information to be provided, the handling of passports, the form of travel consent and any destinations or circumstances requiring additional safeguards.
International travel may require particular attention where there is a concern that a child will not be returned. Relevant considerations may include the destination country, whether that country is a party to the Hague Convention on the Civil Aspects of International Child Abduction, the travelling parent’s connections to the destination, prior threats or attempts to remove the child, the enforceability of Canadian parenting orders and whether additional security is appropriate.
Travel provisions should be practical and sufficiently detailed to avoid last-minute disputes while preserving reasonable opportunities for the child to travel with each parent.
- Relocation With a Child
A proposed move may constitute a “relocation” under the Divorce Act or Children’s Law Reform Act if it is likely to have a significant impact on the child’s relationship with a parent or another person who has an important role in the child’s life.
Relocation is not determined solely by geographic distance. A move within the same region may substantially affect the parenting schedule, while a longer move may have a more limited effect under a particular arrangement.
The applicable legislation contains notice and objection procedures. A person proposing to relocate may be required to provide at least 60 days’ advance written notice in the prescribed form or containing the prescribed information. A person entitled to object may generally have 30 days after receiving the notice to commence the required proceeding or provide the prescribed objection. The precise procedure and any exception to notice depend on the governing legislation and the circumstances, including safety concerns.
The applicable burden of proof may depend on the existing division of parenting time and whether the parties have substantially complied with that arrangement. A parent should not assume that being the child’s primary caregiver creates an unrestricted right to move.
In Barendregt v. Grebliunas, a relocation case decided under the pre-amendment Divorce Act, the Supreme Court of Canada reaffirmed the need for an individualized, child-focused analysis. The decision also addressed family violence, the importance of the child’s relationships and the practical consequences of the proposed living arrangements. Current relocation cases must be decided under the applicable statutory framework, but Barendregt remains important to the best-interests analysis.
Resolving Parenting Disputes
Parenting matters may be resolved through direct negotiation, lawyer-assisted negotiation, mediation, collaborative family law, arbitration or court proceedings. The appropriate process depends on urgency, safety, power imbalances, the complexity of the issues and the parents’ capacity to negotiate effectively.
Mediation can assist parents who are able to participate safely and make informed decisions. It may not be appropriate without safeguards where there is family violence, coercive control, intimidation or a serious imbalance of power. Any settlement reached through mediation should be translated into precise legal terms and assessed under the applicable legislation.
Court intervention may be required where the parents cannot agree, a child faces an immediate risk, a parent is withholding the child, an opposed relocation is proposed or an existing arrangement is not being followed. The evidence and requested relief must remain focused on the child’s best interests.
Evidence in Parenting Cases
Parenting cases are decided on evidence concerning the child’s best interests. Relevant evidence may include the child’s history of care, school and medical records, communications between the parents, parenting calendars, travel records, police or child-protection records and evidence from professionals or other witnesses.
The court may request the involvement of the Office of the Children’s Lawyer in an appropriate case, although the Office determines whether to accept the appointment. The court may also order or consider a parenting assessment under section 30 of the Children’s Law Reform Act, or a more focused report addressing particular issues.
The child’s views and preferences may be obtained through an appropriate process, having regard to the child’s age and maturity. There is no fixed age at which a child alone decides the parenting arrangement.
Children should not be placed in the role of messenger, adjudicator or witness to parental conflict. Their views can be important, but those views must be obtained and assessed in a manner that protects them from pressure, manipulation and responsibility for the outcome.
Changing an Existing Parenting Arrangement
Parents may change a parenting arrangement by agreement. Any amendment should be recorded clearly and, where appropriate, incorporated into an amended separation agreement or consent court order.
If the parents do not agree, the party seeking to change a final parenting order will generally need to establish a material change in circumstances before the court reconsiders the arrangement. A material change is a significant development affecting, or potentially affecting, the child’s best interests that was not reasonably contemplated when the earlier order was made.
In Gordon v. Goertz, [1996] 2 S.C.R. 27, the Supreme Court of Canada confirmed that a party seeking to vary a parenting order must first demonstrate a material change affecting the child. If that threshold is met, the court conducts a fresh inquiry into the child’s best interests based on the current circumstances. Although the relocation framework has since been amended by legislation, the material-change requirement remains relevant to applications to vary final parenting orders.
A child’s changing needs, a substantially altered parenting schedule, serious non-compliance, new safety concerns or a proposed relocation may justify review, depending on the evidence. A parent should not unilaterally make a significant change merely because the existing arrangement has become inconvenient.
Enforcing Parenting Arrangements
A clear court order is generally easier to enforce than an informal or ambiguous understanding. Where an arrangement is not followed, the appropriate response depends on the seriousness and frequency of the breach, its effect on the child and the reasons for non-compliance.
Possible remedies may include clarification of the schedule, make-up parenting time, communication protocols, counselling or educational measures, reimbursement of expenses, changes to exchange arrangements, police-enforcement provisions where legally justified, contempt proceedings or, in serious cases, a change to the parenting arrangement.
Enforcement proceedings remain focused on the child’s best interests. A court will generally distinguish deliberate interference from non-compliance caused by an emergency, a genuine safety concern or circumstances beyond a parent’s control. Contempt is a serious and discretionary remedy and is not automatic merely because a parenting order has been breached.
Parenting Arrangement Services in Toronto
Englobe Law LLP assists clients with negotiating and drafting parenting plans, incorporating parenting terms into separation agreements, obtaining consent orders, preparing urgent and non-urgent court motions and applications, responding to proposed relocations, changing existing arrangements, addressing family violence and safety concerns, enforcing parenting orders and coordinating parenting issues with child support and other family law claims.
A parenting retainer should identify the issues to be addressed and the scope of representation. A negotiated parenting plan differs substantially from contested litigation involving family violence, relocation, professional evidence or urgent concerns about a child’s safety.
Why Choose Englobe Law LLP
Englobe Law LLP is a boutique law firm serving clients from its Downtown Toronto and North York offices. Elham Beygi leads the firm’s family law practice and advises clients on parenting arrangements, separation agreements, support, property and related court proceedings. The firm also regularly assists international and cross-border families. Parenting matters may become more complex where a parent or child has connections outside Ontario, where relocation is proposed, where immigration status affects the family’s circumstances, or where parenting orders or agreements exist in another jurisdiction.
The partner responsible remains directly involved throughout negotiation, drafting and litigation. The approach is tailored to the child’s needs, the level of conflict, the available evidence and the family’s practical circumstances.
Cost of a Parenting Arrangement Lawyer in Toronto
The cost depends on the work required. Drafting or reviewing an agreed parenting plan differs from negotiating a contested schedule, bringing an urgent motion, addressing family violence, obtaining professional evidence or litigating a relocation.
The scope and cost may be affected by the number of disputed issues, the quality and volume of the existing records, the need for interim arrangements, the involvement of the Office of the Children’s Lawyer or another professional, whether expert evidence is required and whether the matter crosses provincial or international borders.
Before Finalizing a Parenting Arrangement
Before finalizing an arrangement, parents should understand who will make significant decisions, when the child will be in each parent’s care, how holidays and exchanges will operate, how information will be shared, how travel and relocation will be addressed, what safeguards are required and how future disagreements will be resolved.
The arrangement should be legally clear, practical for the family and capable of adapting appropriately as the child’s needs change.
Frequently Asked Questions
Does Ontario law require equal parenting time?
No. Ontario law does not automatically require an equal division of parenting time. The schedule must be determined according to the child’s best interests and the family’s particular circumstances. The requirement to provide as much time with each parent as is consistent with the child’s best interests does not create a presumption of equal time.
What is the difference between parenting time and decision-making responsibility?
Parenting time is the period during which a child is in a person’s care. Decision-making responsibility concerns authority over significant matters such as education, health care, religion, and culture. A parent may have parenting time without having joint authority over every major decision.
Can a child decide which parent to live with?
There is no fixed age at which a child has an absolute right to decide. The child’s views and preferences may receive greater weight as the child becomes older and more mature, but they remain part of the overall best-interests analysis.
Can parenting time be denied if child support is unpaid?
Parenting time should not ordinarily be withheld because child support has not been paid. Parenting and support obligations are legally distinct. Support enforcement should proceed through the appropriate legal process.
Can a parent move with a child after separation?
A move that is likely to have a significant impact on the child’s relationship with another parent or important person may be treated as a relocation. Statutory notice and objection procedures may apply, and court authorization may be required if the move is opposed.
Can parenting arrangements be changed?
Yes. Parents may change an arrangement by agreement. If they do not agree and a final court order is in place, the person seeking the change will generally need to establish a material change in circumstances before the court determines whether a new arrangement would be in the child’s best interests.
Is a parenting plan legally enforceable?
Its enforceability depends on how it is documented. Parenting terms incorporated into a properly executed separation agreement may create contractual obligations. Incorporating the terms into a court order generally provides more direct enforcement mechanisms. Regardless of form, parenting arrangements remain subject to the child’s best interests.
Legal Note: This page provides general legal information and does not constitute legal advice.