Understanding the Presumption of Equal Parenting Time in Ontario: What Parents Need to Know
When parents separate in Ontario, questions often arise around custody and access—especially about whether there is a presumption of equal parenting time in Ontario. Many assume that courts automatically split parenting time 50/50. However, Ontario law does not presume equal time between parents after separation. Instead, all decisions are based on the child’s best interests. This article explains the legal framework, relevant factors, and how parents can navigate parenting arrangements.
Is There a Presumption of Equal Parenting Time in Ontario?
No, Ontario law does not assume that separated parents should equally share parenting time. The presumption of equal parenting time in Ontario is a common misconception. The law focuses instead on what is best for the child, not what is equal for the parents.
What the Law Says
- Divorce Act (federal) and Children’s Law Reform Act (provincial) guide custody and access matters.
- These laws do not impose equal time, but rather emphasize the best interests of the child.
- Parenting time and decision-making responsibility are determined case by case.
Key Factors Courts Consider
When determining parenting time, judges consider several important factors that impact the child’s well-being:
1. Best Interests of the Child
- Physical, emotional, and psychological needs
- Child’s preferences (if mature enough)
- Stability and continuity of care
- Relationship with each parent
- Each parent’s ability to support the child’s relationship with the other
2. Co-Parenting Ability
If the parents have a history of conflict, lack of communication, or an inability to make decisions together, courts may limit shared time or decision-making.
3. Practical Arrangements
Equal time may be impractical if:
- Parents live far apart
- Work schedules prevent consistent caregiving
- The child requires a stable environment with one parent
4. History of Caregiving
The court often favors continuity in caregiving. If one parent has historically been the primary caregiver, that may influence the court’s decision.
5. Child’s Developmental Needs
Infants and toddlers may need more time with one caregiver, while older children may better handle shared or equal parenting time.
Joint Decision-Making vs. Equal Parenting Time
Parents often confuse these two distinct concepts:
| Joint Decision-Making | Equal Parenting Time |
|---|---|
| Shared authority over major decisions (e.g., school, healthcare) | Time child physically spends with each parent is roughly equal |
| Can occur even if child lives primarily with one parent | Does not require shared decision-making |
How to Create a Parenting Schedule
Parenting time schedules can be created in several ways, depending on the relationship between the parents:
1. Mutual Agreement
- Parents negotiate and agree on a schedule
- Can be informal or legally documented
2. Mediation
- Neutral third-party mediator helps resolve disagreements
- Useful when communication is difficult but not hostile
3. Court-Ordered Schedule
- Imposed by a judge when parents cannot agree
- Based solely on the child’s best interests
4. Flexible Parenting Plans
Life circumstances change. Parenting plans should be adaptable for:
- Changes in work schedules
- Child’s changing needs
- New relationships or living arrangements
Frequently Asked Questions
1. Is 50/50 parenting time the default in Ontario?
No. There is no presumption of equal parenting time in Ontario. Decisions are based on the best interests of the child.
2. Can parents still have joint custody without equal parenting time?
Yes. Parents can share decision-making even if the child lives primarily with one parent.
3. How does the court decide what’s best for the child?
By assessing factors like the child’s well-being, parental abilities, relationships, and practical considerations.
4. What if my ex and I can’t agree on a schedule?
You can try mediation. If that fails, the court will decide based on the child’s best interests.
5. Can the parenting schedule change over time?
Yes. Parenting plans should be flexible and updated as the child grows and circumstances evolve.
Conclusion
The presumption of equal parenting time in Ontario is a myth. Courts do not automatically divide parenting time equally between parents after separation. Instead, decisions are made on a case-by-case basis, centered entirely around the child’s best interests. Whether parenting time is shared equally or not, the goal is to create a stable, supportive environment that allows both parents to be actively involved in their child’s life.
