How to Get 'Full Custody' in Ontario: Steps & Considerations
The law has changed, but the goal remains: Protecting your child. Learn how to secure Sole Decision-Making Responsibility and Primary Residence when co-parenting isn't an option.
Legal Review: This custody strategy guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Children's Law Reform Act amendments regarding Decision-Making Responsibility (2026).
What Does 'Full Custody' Actually Mean?
In Ontario law, 'Full Custody' is a combination of two things:
- Sole Decision-Making Responsibility: You make the major choices (School, Health, Religion) without needing the other parent's consent.
- Primary Residence: The child lives with you the majority of the time (often 60%+).
Note: Getting 'Full Custody' rarely means the other parent gets zero access. Unless there is a safety risk, courts almost always grant Parenting Time to the non-custodial parent.
Grounds for Sole Decision-Making
Courts prefer Joint Custody. To win Sole Custody, you must prove one of these factors:
High Conflict
The parents cannot communicate effectively. If every conversation turns into a fight, Joint Custody is impossible, and the court must choose one decision-maker.
Safety Concerns
History of domestic violence, substance abuse, or neglect. The court will not empower an unsafe parent to make decisions.
Deadlock
The parents have fundamentally different views on raising the child (e.g., medical refusal vs. treatment) that cannot be reconciled.
Absent Parent
The other parent has been largely uninvolved, lives far away, or has shown no interest in the child's daily life.
The Power Difference
Joint Decision-Making
Requires:
Cooperation.
The Rule:
You must consult and agree on major decisions. Neither parent has a veto. If you disagree, you must go to mediation or court.
Risk:
Can lead to paralysis in high-conflict relationships.
Sole Decision-Making
Requires:
Evidence of conflict/incapacity.
The Rule:
One parent has the final say. You may have to inform the other parent, but you do not need their permission.
Benefit:
Decisions are made quickly; the child is shielded from conflict.
Steps to Secure Sole Authority
Document the Conflict
Keep a log. Save emails showing the other parent is unreasonable, abusive, or refuses to communicate. Evidence is key.
Maintain the Status Quo
Be the primary caregiver now. Courts hate changing a child's routine. If you do the doctor visits and school pickups *now*, you are likely to keep doing them.
File an Application
We file a court application specifically requesting 'Sole Decision-Making Responsibility' and explaining *why* joint custody would harm the child.
The OCL Assessment
We may ask for the 'Office of the Children's Lawyer' to appoint a clinician. Their report often determines the outcome.
Full Custody FAQs
Related Resources
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She specializes in high-conflict custody litigation, helping safe, responsible parents secure the sole decision-making authority they need.
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