Decision-Making Responsibility and Parenting Time in Ontario Family Law Matters
At Stephen Durbin & Associates, we recognize that decision-making (formerly called custody) and parenting time (previously referred to as access) are often the most sensitive issues in family law. Our dedicated family law lawyers prioritize the well-being of children, while offering compassionate and skillful guidance through the legal system. Whether you are navigating a separation, divorce, or seeking a parenting arrangement or changes to an existing parenting arrangement, you can rely on our team to help you achieve equitable and lasting solutions tailored to your needs.
Contact us today to discuss your decision-making or parenting time needs.
+1 855 694 5222
Understanding Decision-Making Responsibility and Parenting Time in Ontario
On March 1, 2021, Ontario replaced the terms “custody” and “access” with decision-making responsibility and parenting time, respectively. Both the Children’s Law Reform Act (CLRA) and the Divorce Act have been amended to reflect these changes. The new terminology prioritizes the child’s well-being over parental control and promotes collaborative parenting.
Decision-making responsibility refers to a parent’s right to make critical decisions about a child’s upbringing, including schooling, medical care, and cultural or religious upbringing. Parenting time refers to the time when a parent is responsible for and is directly involved with the child, while contact describes time spent with non-parents, such as extended family members.
Courts encourage parental cooperation, but when disagreements arise, decisions are firmly based on what is in the best interest of the child.
Key Legislation for Decision-Making Responsibility and Parenting Time in Ontario
In Ontario, decision-making responsibility and parenting time are mainly governed by legislation; federal Divorce Act (married couples seeking a divorce), and provincial Children’s Law Reform Act (non-married or separated individuals not seeking divorce). Both the Divorce Act and the Children’s Law Reform Act emphasize that matters involving decision-making and parenting time should be determined based on the best interests of the child, and both advocate for cooperative parenting when feasible.
Best Interests of the Child and the Factors Used by Courts to Decide on Decision-Making Responsibility and Parenting Time
Section 24(3) of the Children’s Law Reform Act, and section 16(3) of the Divorce Act set out factors for the court to consider when determining the “best interests of the child” in matters of decision-making (custody) and parenting time (access). Some of the factors include:
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- The child’s needs;
- The nature and strength of the child’s relationship with each parent, siblings, grandparents and any other person who plays an important role in the child’s life;
- Each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent;
- The history of care of the child;
- The child’s views and preferences (due weight given to age and maturity)
- The child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
- Any plans for the child’s care;
- The ability and willingness of each person to communicate and co-operate, as well as care for and meet the needs of the child;
- Any family violence.
Available Arrangements for Decision-Making Responsibility and Parenting Time
Various arrangements for decision-making (custody) and parenting time (access) exist in Ontario to accommodate diverse family needs:
Decision-making responsibility can be:
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- Sole: There are several variations including one parent holding full decision-making responsibility, one parenting holding full decision-making restricted to one or more aspects such as religion and education only, to one parent having final decision in the case of an impasse; or
- Joint: Parents jointly contribute to significant decisions.
Parenting time can be:
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- Shared: The child divides time nearly equally (40-60% between both parties); or
- Spilt: When there is more than one child and one or more children primarily with one parent, and one or more children primarily with the other.
For non-parents like grandparents, contact may be approved if it serves the child’s best interests (see our website for more information on grandparents’ rights).
Is It Permissible for One Parent to Withhold Decision-Making Responsibility or Parenting Time?
A parent may not unilaterally restrict the other’s decision-making responsibility or parenting time without valid justification such as serious concerns over the child’s immediate safety, or without proper court approval. Taking such actions without judicial authorization may result in serious consequences, such as contempt findings, modification of court orders, change in decision-making and or parenting time. Courts generally seek to preserve the child’s relationship with both parents, unless doing so is harmful. Whenever possible, mediation or formal parenting agreements offer constructive alternatives to litigation for resolving disputes.
WHEN TO PURSUE AN ORDER FOR DECISION-MAKING RESPONSIBILITY OR PARENTING TIME
It is advisable to obtain a formal order amid separation, divorce, or when casual setups falter. Immediate action is crucial if the child is at risk of harm, due to possible relocation, possible abduction, or continued conflict. A court-approved plan ensures compliance and structure, even in amicable cases.
Benefits of Engaging a Family Lawyer for Decision-Making Responsibility and Parenting Time Issues
Navigating decision-making responsibility (custody) and parenting time (access) can be challenging, especially during difficult times. At Stephen Durbin & Associates, our proficient lawyers deliver vital aid by:
• Clarifying your entitlements and choices under Ontario statutes;
• Aiding in developing parenting strategies or settling disputes outside court;
• Advocating for you in court proceedings when required;
• Managing intricate matters; and
• Prioritizing timely resolutions to help reduce stress on your family.
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1-855-694-5222