Summary
Ontario and federal law now describe "custody" and "access" as decision-making responsibility and parenting time, and every parenting arrangement is decided on the best interests of the child. Jamal Family Law, in Oakville, helps parents in Oakville and across Halton negotiate parenting plans and represents them in parenting, mobility and Hague Convention matters, in and out of court.
How parenting arrangements work
Decision-making responsibility covers significant decisions about a child's health, education, culture, language, religion and significant extracurricular activities. Parenting time is the time a child spends in each parent's care. Parents can agree on these in a parenting plan or separation agreement, or ask a court to decide.
The law does not start from a fixed formula. The court's only consideration is the child's best interests, giving primary consideration to the child's physical, emotional and psychological safety, security and well-being.
How Jamal Family Law helps
Our family law services include child custody, access to children, parenting arrangements and co-parenting plans, non-removal orders, mobility and relocation rights, Hague applications for international child abductions, grandparents' rights, and variations of prior orders and agreements.
Our lawyers' backgrounds include child-related matters, parent-child contact problems, mobility disputes and international abductions (Fadwa Yehia); 18 years of child protection law and work as a panel lawyer for the Office of the Children's Lawyer (Laura Shaw); and custody and access matters (Kathleen Broschuk, Astha Dhanda). See also child support.
Custody and parenting: frequently asked questions
Does Ontario still use the words "custody" and "access"?
Not in the legislation. Since March 1, 2021, the federal Divorce Act and Ontario's Children's Law Reform Act use "decision-making responsibility" and "parenting time" instead of custody and access. People still commonly use the older words, and older orders and agreements that use them remain valid.
How does a court decide parenting arrangements?
The court considers only the best interests of the child. Factors include the child's needs and stage of development, the child's relationships with each parent and other important people, each parent's history of care, the child's views and preferences, the child's cultural and religious upbringing, any family violence, and each parent's willingness to support the child's relationship with the other parent. There is no automatic presumption of equal time.
Can a parent move with a child to another city?
A move that is likely to have a significant impact on a child's relationship with another parent is a "relocation". The parent planning it must generally give at least 60 days' written notice to anyone else with decision-making responsibility or parenting time. The other person can object, usually within 30 days. If the parents cannot agree, a court decides based on the child's best interests.
Will my child's views be heard?
Yes. A child's views and preferences are one of the best-interests factors, and they are given weight according to the child's age and maturity. In some cases the Office of the Children's Lawyer becomes involved to represent the child or prepare a report for the court.
What can be done if a child is taken out of Canada without consent?
If the child was taken to, or kept in, a country that is a party to the Hague Convention on the Civil Aspects of International Child Abduction, a parent can apply for the child's prompt return. Timing is important, so contact a lawyer and the authorities as soon as possible. Non-removal orders can also be sought to help prevent a child from being taken.
This is general information about Ontario family law, not legal advice. Every situation is different. Speak with a lawyer about your circumstances.
Talk to us about parenting arrangements
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