How are parenting arrangements decided in Ontario?
After separation, parents decide two things: who makes major decisions for the child (decision-making responsibility) and when the child is with each parent (parenting time). Most parents settle this in a parenting plan or separation agreement. If they cannot agree, a court decides based only on the child's best interests, with the child's safety and well-being as the primary consideration.
Key points
-
Ontario and federal law no longer use "custody" and "access". The terms changed on March 1, 2021.
-
Married parents who divorce fall under the Divorce Act; other parents fall under Ontario's Children's Law Reform Act. The tests are closely aligned.
-
There is no automatic 50/50 rule. The law favours as much time with each parent as is consistent with the child's best interests.
-
Moving with a child in a way that affects the other parent's relationship with them requires 60 days' written notice.
-
Family violence is a central factor in every parenting decision.
Need help with a parenting schedule or dispute? Book a free 15-minute call
What happened to custody and access in Ontario?
They were replaced with terms that describe what parents actually do. The old words still appear in older orders and agreements, and people still search for them, but courts now use the new ones:
-
Custody (now - Decision-making responsibility): Making significant decisions about the child's health, education, culture, language, religion and spirituality, and significant extracurricular activities.
-
Access (for a parent) (now - Parenting time): Time the child spends in a parent's care, whether or not the child is physically with them the whole time.
-
Access (for a grandparent or other non-parent) (now - Contact): Visits or communication with a person who is not a parent, under a contact order.
Decision-making responsibility
The court can give decision-making responsibility to one parent, to both, or split it by area, for example education to one parent and health to the other. Joint decision-making works best when parents can communicate. Where they cannot, courts are more likely to give one parent the final say on some or all areas.
Parenting time
Parenting time is usually set out as a schedule. Whoever has the child makes day-to-day decisions during their time, such as meals, bedtimes and routine activities, unless the order says otherwise.
Information about the child
Unless a court orders otherwise, a parent with parenting time or decision-making responsibility can ask the other parent, and others such as schools and doctors, for information about the child's well-being.
Grandparents and others
A grandparent or other important person can ask the court for a contact order, with the court's permission. The court considers whether contact could happen anyway, for example during a parent's time.
How do parents decide without going to court?
Most parenting arrangements are made by agreement: between the parents directly, through lawyers, or in mediation. The law expects parties to try a family dispute resolution process where appropriate.
The agreement is usually written as a parenting plan covering decision-making, the regular schedule, holidays, travel, communication and how disputes will be resolved. If parents give the court a parenting plan, the court must include it in the order unless it is not in the child's best interests.
What makes a separation agreement hard to challenge?
-
Sworn financial statements exchanged between the parties with supporting documents.
-
Independent legal advice obtained by each spouse, from separate lawyers.
-
Time to consider the draft, without deadlines that create pressure.
-
Clear wording that names the property and claims being settled.
-
A record that the agreement is fair, or why each spouse accepts it if it departs from the law.
How do judges decide parenting disputes?
The court considers only the child's best interests, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being. It must consider all relevant factors, including:
-
the child's needs given their age and stage of development, including stability;
-
the child's relationships with each parent, siblings, grandparents and other important people;
-
each parent's willingness to support the child's relationship with the other parent;
-
the history of care;
-
the child's views and preferences, weighed by age and maturity;
-
the child's cultural, linguistic, religious and spiritual upbringing, including Indigenous heritage;
-
each parent's plans, and ability and willingness to care for the child;
-
each parent's ability to communicate and cooperate on matters affecting the child;
-
any family violence and its impact; and
-
any civil or criminal proceedings relevant to the child's safety.
Past conduct counts only if it affects how a person would parent. The court must also give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. That is not a presumption of equal time.
Ontario's Children's Law Reform Act applies a closely matching test to parents who were not married or are not divorcing.
Can I move with my child after separation?
It depends on whether the move is a "relocation": a change of residence likely to have a significant impact on the child's relationship with another person who has parenting time, decision-making responsibility or contact. The parent, who intends to relocate, must give another parent at least 60-days notice in the prescribed form, which contains proposed date of relocation and new address, and a proposal for revised parenting arrangements. The other parent has 30 days to object. If there is no objection, the move can go ahead.
If the move is disputed, the court weighs the best-interest factors plus the reasons for the move, its impact on the child, each parent's involvement, compliance with notice requirements, and how reasonable the proposed new schedule is. Who must prove what depends on the current arrangement:
-
Roughly equal time: the parent who wants to move must show it is in the child's best interests.
-
The child lives mostly with the moving parent: the objecting parent must show it is not.
-
Anything else: both parents carry the burden.
Notice can be waived or changed by the court, including where there is a risk of family violence.
Can a parenting order be changed?
Yes, if there has been a change in the child's circumstances since the order was made. You apply to vary it, or agree on new terms and ask the court to make a consent order. If the other parent will not follow the existing order, it can be enforced by the court.
How does family violence affect parenting decisions?
If you are in immediate danger, call 911. The Assaulted Women's Helpline offers free, confidential support across Ontario 24 hours a day at 1-866-863-0511 or #SAFE (#7233) on most mobile phones. Children and teens can reach Kids Help Phone at 1-800-668-6868.
Family violence is one of the factors the court must weigh in every parenting case. The definition is broad. It includes physical, sexual, psychological and financial abuse, threats, harassment, and a pattern of coercive and controlling behaviour, whether or not it is a crime. For a child, direct or indirect exposure to it counts.
The court looks at the nature, seriousness and frequency of the violence, whether there is a pattern of coercive control, the harm or risk to the child, and any steps the person has taken to stop. A judge can order supervised parenting time or supervised exchanges, and it must consider whether any protection or criminal orders are already in place.
From practice
Hypothetical example. Any resemblance to a real case is coincidental.
Sam and Leila separated when their son was six. Leila had handled school and medical appointments; Sam coached hockey and took him every weekend. Each asked for sole decision-making.
In a case like this, a court would look past the labels. It would ask who has actually been making which decisions, whether the parents can communicate, and what schedule keeps the boy close to both. A common outcome in situations like this is shared or divided decision-making, with a schedule built around school and hockey. A parenting plan the parents negotiate themselves usually fits the child better than one imposed after a hearing.
Frequently asked questions
Do children get to choose which parent to live with? No age gives a child the final say, however, the child's views and preferences are one of factors in making a decision, weighed by age and maturity.
Is 50/50 parenting time the default? No. The law favours as much time with each parent as is consistent with the child's best interests, which may or may not be equal.
Can I stop parenting time if child support is not paid? No. Parenting time and child support are separate obligations. Withholding a child can be held against you in court.
Do I need a court order if we agree? No, but a written parenting plan or separation agreement gives both of you certainty, and a court order is easier to enforce.
Talk to a family lawyer about parenting arrangements
Whether you are building a parenting plan or facing a dispute, start with a free 15-minute call. We will talk through your situation and what the next step would involve and cost.
-
A free 15-minute phone call to talk through your situation and the next step
-
By phone, by video or in person at 5200 Yonge Street, Suite 200, North York
-
Flat-fee, limited-scope and Legal Aid Ontario certificate work available
Book a free 15-minute call about parenting arrangements · Call 416-858-1320
__________________________________________________
Anton Mostovoy, lawyer, licensed by the Law Society of Ontario. Last reviewed: October 12, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.