The Children's Law Reform Act (CLRA): Ontario's Parenting Rulebook
Unmarried? Common Law? Separated but not divorcing? Understand how provincial law dictates Decision-Making and Parenting Time.
Legal Review: This legislative guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the extensive 2021 amendments to the Children's Law Reform Act (2026).
Who Does the CLRA Apply To?
The Children's Law Reform Act (CLRA) is an Ontario provincial law. It applies to unmarried parents, common-law couples, and third parties (like grandparents) seeking custody orders. While it mirrors the federal Divorce Act in many ways, it is the exclusive authority for anyone who is not legally married and filing for a federal divorce. It replaces old terms like 'Custody' with 'Decision-Making Responsibility' and 'Access' with 'Parenting Time.'
The 4 Core Pillars of the CLRA
Best Interests of the Child
The only test that matters. Section 24 mandates that all decisions must focus strictly on the child's physical, emotional, and psychological safety.
Decision-Making Responsibility
Replaces 'Custody.' The legal authority to make significant decisions about a child's education, health care, religion, and property.
Parenting Time
Replaces 'Access.' The schedule of when the child is in the care of each parent. It includes the right to ask for information about the child.
Contact Orders
A specific provision allowing non-parents (Grandparents, Stepparents) to apply for court-ordered time with a child.
Which Law Governs Your Case?
The rules are similar, but the court forms differ.
Divorce Act (Federal)
Applies to:
Legally Married couples who have filed a Divorce Application.
Jurisdiction:
Superior Court of Justice (Unified Family Court).
CLRA (Provincial)
Applies to:
Unmarried parents, Common Law, and Married couples separated but not divorcing yet.
Jurisdiction:
Can be heard in either the Ontario Court of Justice OR the Superior Court.
Section 24: How Judges Decide
Under the CLRA, a judge MUST consider these specific factors:
The Child's Needs
The child's need for stability and their relationship with each parent (and siblings/grandparents).
The Child's Views
The child's own preferences, usually ascertained by the Office of the Children's Lawyer (OCL) if the child is mature enough.
History of Care
Who has been the primary caregiver? The court prefers to maintain the 'status quo' regarding care arrangements.
Ability to Cooperate
Can the parents communicate? If not, Joint Decision-Making is unlikely.
Family Violence
Crucial Update: The CLRA now explicitly requires courts to consider any history of family violence and its impact on the child's safety.
CLRA FAQs
Related Resources
Child Custody & Access Lawyers
Expert legal representation for custody and access matters in Ontario.
Common Law Relationships Guide
Understanding your rights as an unmarried couple in Ontario.
Grandparents' Rights (Contact Orders)
How grandparents can seek court-ordered time with grandchildren.
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She assists unmarried parents and extended family members in securing their rights under the Ontario Children's Law Reform Act.
View Full BioUnmarried Doesn't Mean Unprotected.
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