Child Custody & Access in Ontario: What Has Changed and What Matters

Decision-Making Responsibility

Decision-making responsibility is the authority to make major decisions about a child's: education, health care, religion, and significant extra-curricular activities. It can be:

• Sole decision-making: One parent makes all major decisions. Common where the other parent is absent, has a history of family violence, or the parties cannot communicate.
• Shared decision-making: Both parents must consult and agree on major decisions. Requires a functional co-parenting relationship.

Day-to-day decisions (meals, bedtime, activities during parenting time) are always made by the parent with the child at that time — decision-making responsibility doesn't cover these.

Parenting Time (Previously "Access")

Parenting time is the schedule of when the child is with each parent. Common arrangements include:

• Equal parenting time (50/50): Week-on-week-off; 2-2-3 rotation; or other equal splits. Not presumed by law — must be in the child's best interests.
• Primary residence: Child lives predominantly with one parent; the other has specified parenting time (e.g., every other weekend + one weeknight)
• Parallel parenting: High-conflict situations — parents have defined separate spheres of decision-making and limited communication

The Best Interests of the Child Test

The sole legal test in any parenting dispute is the best interests of the child. Under the 2021 Divorce Act amendments, courts must consider:

• The child's physical, emotional, psychological, and educational needs
• Each parent's willingness to support the child's relationship with the other parent
• The history of care of the child
• The child's cultural, linguistic, religious, and spiritual upbringing
• The child's views and preferences (given appropriate weight for age)
• Any history of family violence — given significant weight under s. 16(4)
• The ability of each person to communicate and cooperate

Parenting Plans

A parenting plan is a written document setting out the detailed arrangements for the children. It should cover:

• Regular parenting schedule (school year vs. summer)
• Holiday and special occasion schedules
• How each parent is notified of school, medical events, activities
• Communication methods between parents
• Out-of-province or international travel rules
• Process for resolving disagreements (mediation before court)

Enforcing a Parenting Order

If the other parent withholds the child or doesn't follow the order:

• Contempt motion: Court can find the party in contempt — consequences include fines and jail
• Police enforcement clause: Some orders include a clause authorizing police to assist with transfers
• Children's Law Reform Act (CLRA) s. 36: Court can order makeup time for missed parenting time
• Change of primary residence: In extreme cases of persistent interference, courts have moved the child to the other parent