Child Custody & Access Lawyers in Ontario
Navigating the shift from ‘Custody’ to ‘Decision-Making.’ We help you secure a parenting arrangement that protects your rights and your child’s future.
Legal Review: This service page was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure alignment with the terminology changes in the Divorce Act and Children’s Law Reform Act (2026).
The Law Has Changed: Custody vs. Decision-Making
In Ontario, the terms ‘Custody’ and ‘Access’ have been replaced to reduce conflict.
- 1.
Decision-Making Responsibility (Formerly Custody): The right to make major choices about health, religion, and education.
- 2.
Parenting Time (Formerly Access): The schedule of when the child is in your care.
Tailor Law helps you negotiate both aspects to ensure you remain an active, involved parent.
Protecting Your Role as a Parent
Joint Decision-Making
We negotiate agreements where both parents share the right to make major decisions, requiring cooperation and communication.
Sole Decision-Making
In high-conflict cases or where safety is an issue, we advocate for one parent to have final say on medical and educational choices.
Parenting Schedules
From 50/50 rotations (2-2-3) to every-other-weekend arrangements, we design schedules that fit your work-life reality.
Mobility & Relocation
Representing parents who wish to move with a child (Mobility) or those fighting to prevent a child from being moved away.
How Judges Decide Custody
The court focuses on one thing: The Best Interests of the Child. Not parental rights.
Key Factors Judges Weigh
- The child’s relationship with each parent.
- The stability of the home environment.
- The child’s views and preferences (if older).
- History of caregiving.
Red Flags (What Hurts Your Case)
- Preventing contact with the other parent (Gatekeeping).
- History of family violence or substance abuse.
- Negative talk about the other parent in front of the child.
Building Your Parenting Case
The Status Quo Analysis
Courts hate disrupting a child’s routine. We document your current involvement to prove you are an essential part of their daily life.
The Parenting Plan
We draft a comprehensive plan covering holidays, travel, and decision-making mechanisms to prevent future arguments.
Dispute Resolution
We attempt to settle via Mediation or Negotiation first. It is faster, cheaper, and less damaging to the children.
Litigation (If Necessary)
If the other parent is unreasonable or unsafe, we aggressively litigate for Sole Decision-Making and police-enforceable parenting time.
Custody Lawyer FAQs
No. Neither the Divorce Act nor Ontario’s Children’s Law Reform Act presumes an equal (50/50) split of parenting time. The court allocates parenting time based on the child’s best interests, and a child should have as much time with each parent as is consistent with those best interests. Equal time is common where it works for the child, but it is not automatic.
No. Child support and parenting time are separate legal obligations, and child support is the child’s right. If your parenting time is being denied, the remedy is to enforce or change the parenting order, not to stop paying. Stopping payments creates arrears that can be enforced by the Family Responsibility Office.
There is no fixed age in Ontario at which a child’s preference alone decides where they live. The court considers the child’s views and preferences, giving them more weight as the child gets older and more mature, as part of the overall best-interests assessment. A teenager’s views often carry significant weight, but the judge makes the final decision.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She has helped hundreds of parents negotiate detailed custody and access agreements that stand the test of time.