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Common Mistakes Parents Make in Custody Battles Under Ontario Family Law

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

Custody disputes are often one of the most emotionally charged aspects of family law proceedings. In Ontario, decisions about parenting time and decision-making responsibility are guided by the best interests of the child, not by what either parent wants or feels they deserve. Unfortunately, many parents make avoidable mistakes during custody battles that can negatively affect both their case and their children.

Putting Conflict Ahead of the Child’s Best Interests

One of the most common mistakes parents make is allowing personal conflict with the other parent to overshadow the needs of the child. Speaking negatively about the other parent, refusing to cooperate, or using the child as leverage can seriously undermine a parent’s credibility in court. Judges look closely at each parent’s ability to support the child’s relationship with the other parent, and hostile behavior can be seen as contrary to the child’s best interests.

Ignoring Existing Court Orders or Agreements

Failing to follow temporary court orders or parenting agreements is another frequent error. Some parents believe that orders are flexible or optional, especially if they disagree with them. In reality, non-compliance can reflect poorly on a parent and may be used as evidence that they are unwilling or unable to respect legal obligations. If circumstances change, the appropriate step is to seek a formal variation, not to act unilaterally.

Assuming Equal Parenting Is Automatic

Many parents enter custody disputes assuming that equal parenting time is guaranteed. Ontario law does not start from a presumption of equal time. Instead, the focus is on what arrangement best supports the child’s emotional, physical, and psychological well-being. Factors such as stability, routines, work schedules, and the child’s age all play a role. Unrealistic expectations can lead to prolonged conflict and disappointment.

Poor Communication and Documentation

Effective communication is critical in parenting matters, yet many parents fail to communicate in a respectful, child-focused manner. Aggressive messages, excessive texting, or emotional emails can be introduced as evidence and may damage a parent’s position. Similarly, failing to keep records of parenting time, expenses, or important incidents can make it difficult to support claims later in the process.

Involving Children in Legal Disputes

Another serious mistake is involving children directly in the dispute. Asking children to choose sides, share information, or relay messages between parents places them in an inappropriate and harmful position. Courts strongly discourage this behavior and may view it as emotionally damaging to the child. Children should be shielded from legal conflict as much as possible.

Delaying Legal Advice

Some parents wait too long to seek legal guidance, relying instead on advice from friends, family, or online sources. While well-intentioned, this information may not reflect Ontario family law or the specifics of a parent’s situation. Early legal advice can help parents avoid missteps, understand their obligations, and approach custody issues more strategically.

Seeking Legal Support

Custody battles can be complex, emotional, and overwhelming, especially when mistakes are made early in the process. Understanding how Ontario family law applies to parenting disputes is essential to protecting both your rights and your child’s well-being.

Majoka Law can assist parents in navigating custody and parenting issues with clear advice, practical strategies, and a child-focused approach tailored to their unique circumstances.