Parenting Time and Decision-Making in Family Law: What Matters Most for Your Child

Parenting time and decision-making in family law are more than just legal terms—they are the foundation for a child’s emotional and developmental stability after separation or divorce. While it may seem logical to divide time equally between parents, modern research and family courts emphasize quality over quantity. This article explores the importance of parenting time, how decision-making is structured, and what truly supports a child’s best interests in a post-separation world.

Understanding Parenting Time vs. Decision-Making

Parenting Time Defined

Parenting time refers to the schedule that determines when each parent is physically with the child. It’s often mistaken for a mere time-split, but the emphasis should be on engagement and consistency.

Decision-Making Responsibilities

In contrast, decision-making relates to who has the legal authority to make major decisions for the child in areas like:

• Education
• Healthcare
• Religion
• Extracurricular activities

Parents can share this responsibility or one parent may retain full decision-making authority depending on the circumstances.

Why Parenting Time Isn’t Just About Hours

The idea that a 50/50 or 60/40 time split automatically benefits children is outdated. Courts now examine how parenting time is spent—not just how often.

The Quality of Experience

A few hours filled with meaningful interactions can be more valuable than entire days with limited engagement. Some considerations include:

• Is the parent involved in daily routines like meals and bedtime?
• Are educational and emotional needs being met?
• Is the environment safe and supportive?

What Statistics Reveal About Parenting Patterns

Below is a summary of parenting arrangements according to recent Canadian data:

Age Impacts Visitation

1. Children under 5: 54% regularly visit non-residential parent
2. Ages 13–17: Only 38% maintain regular visitation

This suggests that younger children are more likely to engage in shared parenting time, while older children may face social or emotional barriers.

Building a Parenting Schedule That Works

When creating a parenting schedule, consider:

• Availability: Who can handle school pickups, sports, and medical appointments?
• Flexibility: Can either parent adjust schedules during emergencies?
• Child’s Routine: Does the schedule support stability and sleep?

Sample Custom Schedules

Frequently Asked Questions

1. What’s the difference between parenting time and custody?

Parenting time refers to the schedule of when each parent spends time with the child, while custody (now often called “decision-making responsibility”) refers to who makes legal decisions.

2. Can we create our own parenting plan?

Yes, courts encourage parents to come to a mutual agreement. If not possible, a judge will decide based on the child’s best interests.

3. Does shared parenting time mean 50/50?

Not necessarily. Shared parenting can take many forms, and equal time isn’t required for a healthy relationship.

4. What if my child doesn’t want to visit the other parent?

The court may consider the child’s wishes, especially if they are mature, but will ultimately focus on what is in the child’s best interest.

5. How can we modify a parenting schedule?

You can modify it by agreement or through a court order if there’s a significant change in circumstances.

Conclusion

Parenting time and decision-making in family law are central to ensuring a child’s stability, growth, and happiness after separation. The modern family law approach favors flexibility, emotional support, and meaningful involvement over rigid time splits. Whether you’re negotiating a parenting plan or preparing for court, understanding what truly benefits your child will help you make the right decisions.