A Beginners guide to Parenting (Child Custody) Laws in Ontario

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

At Majoka Law, we understand that navigating parenting laws in Ontario can be complex and emotionally challenging. Knowing the different types of decision-making responsibility, parenting time arrangements, how courts make decisions, and your legal options can help you make informed choices and protect your child’s best interests.

Decision-Making Responsibility and Parenting Time in Ontario

Since March 1, 2021, Ontario (and the federal Divorce Act) no longer use the terms “custody” and “access.” Instead:

• Decision-making responsibility refers to who makes major decisions about a child’s upbringing, including education, healthcare, and religion.

• Parenting time refers to when the child is in each parent’s care.

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Shared Parenting Time (Child Support)

If each parent has 40% or more of parenting time in a year, child support is calculated under the Federal Child Support Guidelines, section 9. This threshold applies only for child support calculations, not to define a type of decision-making arrangement.

How Courts Determine Parenting Arrangements

Ontario courts always prioritize the best interests of the child when deciding parenting issues, as set out in Divorce Act s.16(3) and parallel Children’s Law Reform Act (CLRA) provisions. Factors considered include:

• The child’s emotional, physical, and educational needs

• Each parent’s ability to provide a stable and supportive environment

• Each parent’s willingness to foster a positive relationship between the child and the other parent

• History of abuse, neglect, or exposure to family violence

• The child’s relationship with each parent and extended family members

• The child’s views and preferences, depending on age and maturity

• Any other relevant factor affecting the child’s well-being

  
  

Parenting Plans and Agreements

A parenting plan is a written agreement outlining how parents will share decision-making responsibilities and parenting time. A plan can include:

• Schedules for daily and holiday parenting time

• Decision-making responsibilities for education, health, and extracurricular activities

• Communication methods between parents

• Guidelines for dispute resolution

  
  

Parenting plans can be incorporated into a court order, giving them legal enforceability. If parents cannot agree, mediation, arbitration, or a court hearing may be necessary to determine an arrangement.

Parenting arrangements are not always permanent. Parents can request changes if there is a material change in circumstances, and any change must serve the child’s best interests, following Gordon v. Goertz and CLRA variation provisions. Examples of material changes include:

• Relocation of a parent

• Significant changes in a parent’s ability to care for the child

• The child’s evolving needs as they grow

• Changes in a parent’s financial situation that affect support or caregiving

  

  
  

Seeking Legal Support 

Understanding child custody laws in Ontario is crucial to ensuring that your child’s needs are met and that your rights are protected. At Majoka Law, we help clients understand their rights and options under Ontario law, and we work toward solutions that protect both financial stability and family relationships. If you are starting the process, or need help, reach out to us. We can guide you through the system with clarity and care.