Understanding Parenting Time and Decision-Making Responsibility in Ontario Family Law
Since March 1, 2021, Ontario family law has shifted away from the terms “custody” and “access.” Today, parenting time and decision-making responsibility in Ontario define how separated or divorced parents care for their children. These changes aim to reduce conflict and put the child’s best interests at the centre of every parenting plan.
Why the Terminology Changed in Ontario Family Law
Previously, courts used the terms “custody” (for decision-making) and “access” (for time with the child). These outdated terms often contributed to a winner-loser mindset in custody battles. Now, the emphasis is on cooperation and the child’s well-being.
Key Benefits of the Language Change
- Reduces Parental Conflict: Shifts focus from control to cooperation.
- Child-Centric Approach: Prioritizes the child’s daily needs and future.
- Encourages Teamwork: Both parents are seen as contributors, not competitors.
- Supports Flexible Parenting: Allows for adjustment over time as children grow.
What Is Parenting Time in Ontario?
Parenting time refers to the time a parent spends with their child, including weekends, weekdays, holidays, or vacations. It is not limited to mere visitation—it involves active participation in the child’s life.
Parenting Time Responsibilities Include:
- Helping with homework and school activities
- Attending medical appointments
- Providing emotional and daily support
Even if one parent has more time with the child, both parents may share the responsibilities involved in parenting time.
What Is Decision-Making Responsibility in Ontario?
Decision-making responsibility relates to who makes important decisions about a child’s upbringing. This includes choices about:
- Education and schooling
- Health care and medical treatments
- Religious upbringing
- Extracurricular activities
Parents can share this responsibility (joint decision-making), or one parent may be given sole responsibility, depending on what is in the child’s best interest.
Creating a Parenting Plan
Parents are encouraged to develop a parenting plan that outlines parenting time and decision-making responsibilities. This helps minimize confusion and set clear expectations.
Elements of an Effective Parenting Plan:
| Component | Description |
|---|---|
| Parenting Time Schedule | Specifies when the child is with each parent, including holidays |
| Decision-Making Structure | Clarifies whether decisions are made jointly or by one parent |
| Dispute Resolution Process | Outlines how disagreements will be handled |
| Communication Guidelines | Sets boundaries for parent-to-parent and parent-child communication |
Factors Courts Consider When Deciding Parenting Time
Ontario courts focus on the best interests of the child. They consider:
- The child’s physical, emotional, and psychological needs
- History of caregiving and parent-child relationships
- Each parent’s ability to cooperate and communicate
- Stability and routine for the child
- The child’s preferences (depending on age and maturity)
Frequently Asked Questions
1. Is parenting time the same as custody?
No. Custody is an outdated term. Parenting time refers to time spent with the child, while decision-making responsibility replaces legal custody.
2. Can parenting time be equal between parents?
Yes, but only if it serves the child’s best interests. Equal time is not presumed or guaranteed under Ontario law.
3. Can one parent have sole decision-making responsibility?
Yes. If joint decision-making is not feasible or safe, the court may assign one parent sole authority for major decisions.
4. Is a written parenting plan required?
It’s not mandatory but highly recommended. A parenting plan clarifies expectations and reduces potential conflicts.
5. Can parenting time or decision-making change over time?
Yes. Changes in circumstances, such as the child’s age or one parent relocating, may justify modifications through court or mutual agreement.
Conclusion
Understanding parenting time and decision-making responsibility in Ontario is essential for navigating post-separation parenting. These updated legal terms promote collaboration, reduce conflict, and keep the child’s well-being front and centre. Whether through mutual agreement or court intervention, a clear parenting plan ensures stability and structure for both parents and children alike.
