Child Custody in Ontario: What Every Parent Needs to Know

Child custody in Ontario underwent significant changes when the Divorce Act was amended in 2021. The terms "custody" and "access" have been replaced with decision-making responsibility and parenting time — reflecting a focus on children's wellbeing rather than parental rights.

Decision-Making Responsibility

This refers to who makes major decisions about a child's life — education, healthcare, religion, and extracurricular activities. It can be:

• Sole decision-making: One parent makes all significant decisions
• Joint decision-making: Both parents must consult and agree on major decisions

Parenting Time

This is the time each parent spends with the child. Courts can order equal parenting time or a primary residence arrangement where the child lives mainly with one parent and has scheduled time with the other.

The Best Interests of the Child

All custody decisions in Ontario are guided by the best interests of the child. Courts consider:

• The child's emotional ties to each parent and siblings
• Each parent's ability to provide stability and meet the child's needs
• The child's views, if they're old enough to express them
• History of family violence or abuse
• Each parent's willingness to support the child's relationship with the other parent

Creating a Parenting Plan

Parents are encouraged to develop a parenting plan outside of court — either on their own or with a mediator. If you can't agree, a judge will decide based on the child's best interests. Having a detailed parenting plan in place protects both you and your children.