When parents separate or divorce in Ontario, one of the most important issues to resolve is how children will be cared for. The term “custody” has evolved in recent years, and now the focus is on decision-making responsibility (formerly custody) and parenting time (formerly access).
Types of Arrangements
Ontario recognizes various arrangements:
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Sole decision-making responsibility: One parent makes major decisions about the child’s education, health care, religion, and upbringing.
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Joint decision-making responsibility: Both parents share those key responsibilities, even if the child lives mostly with one parent.
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Shared parenting time: The child spends a significant portion of time with each parent (often at least 40%) which may affect support orders.
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Split parenting time (rare): When siblings are divided between parents.
What the Court Considers
Whenever parents cannot agree, Ontario courts decide based on the best interests of the child standard. This involves looking at factors such as the child’s needs and age, each parent’s capacity to meet those needs, the stability of living arrangements, the child’s relationship with each parent, and whether one parent will encourage the child’s relationship with the other. Any history of family violence or abuse is also critically important.
Process & Steps
Often, the first step is for parents to attempt mediation or an informal agreement rather than immediately heading into court. If an agreement cannot be reached, one parent may file a parenting order application. The matter may proceed through conferences and a hearing before a judge issues a binding order.
Flexibility & Changes
Custody/parenting arrangements are not set in stone. If circumstances change — such as a parent relocating, a child’s needs shifting, or a parent’s ability to care changing — it is possible to go back to court to request a modification of the order.
In short, in Ontario, child custody (decision-making) involves careful consideration of what supports a child’s welfare and stability. Parents are encouraged to collaborate, but where they cannot, the court steps in with a child-centred approach. If you’re navigating a custody matter, preparing documentation, understanding your rights and seeking legal advice can make a meaningful difference.