Question 1

What is the difference between Custody and Decision-Making Responsibility?

Accepted Answer

Under the reformed Divorce Act and Children's Law Reform Act, 'Custody' is now called 'Decision-Making Responsibility.' It refers to the right to make major decisions about the child's health, education, religion, and well-being. It does not determine where the child sleeps.

Question 2

What is Parenting Time?

Accepted Answer

Parenting Time (formerly 'Access') refers to the schedule of when the child is in the care of each parent. During your parenting time, you have the authority to make day-to-day decisions (meals, bedtime, emergency care).

Question 3

How does the court decide what is best for the child?

Accepted Answer

The only test is the 'Best Interests of the Child.' The court considers factors such as the child's emotional ties to each parent, the history of care, the child's views (if appropriate), stability, and any history of family violence. Parental convenience is not a factor.

Question 4

Can I move with my child to another city or province?

Accepted Answer

This is a 'Mobility Application.' You cannot relocate the child without the other parent's consent or a court order if it affects the parenting schedule. You must give 60 days' notice (Notice of Relocation) and prove the move is in the child's best interests.

Question 5

What if my ex violates the parenting schedule?

Accepted Answer

If a parent withholds the child or consistently misses visits, we can file a Motion to Enforce. Remedies include make-up time, police enforcement (in extreme cases), fines, or even changing the parenting order to give the compliant parent more time.

Question 6

Can a child choose which parent to live with?

Accepted Answer

There is no specific age (like 12 or 16) where a child gets to decide. However, the Voice of the Child is taken more seriously as they age. A teenager's preference is a strong factor, but it is not the final decision maker — the judge is.

Question 7

Does the mother automatically get custody in Ontario?

Accepted Answer

No. The 'Tender Years Doctrine' is abolished. Ontario law is gender-neutral. Fathers have equal rights to seek Decision-Making and shared Parenting Time. The focus is purely on who can best meet the child's needs.

Question 8

Do I need a lawyer for a parenting arrangement?

Accepted Answer

While you can negotiate on your own, having a lawyer draft the final Parenting Plan ensures the terms are clear, enforceable, and comprehensive. Vague agreements often lead to future conflict and return trips to court.

Question 9

What if my child refuses to follow the parenting schedule?

Accepted Answer

You cannot physically force an older teenager to visit, but you have a legal duty to encourage the relationship. If the refusal is due to the other parent's manipulation (parental alienation), immediate legal intervention is required.

Question 10

Can I record conversations with my ex about the kids?

Accepted Answer

In Canada, you can record a conversation you are part of (one-party consent). However, family court judges often frown upon parents secretly recording each other, viewing it as a sign of high conflict. Use with extreme caution.

Question 11

How much does a custody case cost in Ontario?

Accepted Answer

Costs vary widely. A negotiated Parenting Plan might cost $1,500 to $3,000. A high-conflict custody trial involving the Office of the Children's Lawyer (OCL) or assessments can cost $30,000 to over $100,000. This is why we prioritize negotiation.

Question 12

What types of parenting arrangements exist in Ontario?

Accepted Answer

Sole Decision-Making: One parent makes all major decisions. Joint Decision-Making: Both parents must agree on major decisions (most common). Shared Parenting Time: Child spends at least 40% of time with each parent. Parallel Parenting: For high-conflict situations where parents have decision-making authority over specific areas with minimal communication.

Question 13

How does family violence affect custody decisions?

Accepted Answer

Safety is paramount. If there's a history of family violence, the court will prioritize the child's physical and psychological safety, consider whether the violence impacts parenting ability, order supervised parenting time, impose conditions, or in extreme cases terminate parenting time entirely.

Question 14

What if my ex takes the child without my consent?

Accepted Answer

If you have a court order or agreement granting you parenting time, and your ex refuses to return the child, this is parental abduction. File an Emergency Motion, involve police if there's a court order, and consider a Contempt of Court motion. Do not take matters into your own hands.

Question 15

Can grandparents get custody or access in Ontario?

Accepted Answer

Yes, but it's difficult. Grandparents can apply for a Contact Order or Decision-Making Responsibility. Courts consider the existing relationship, parents' views (courts are reluctant to override fit parents), and whether the order is in the child's best interests.

Question 16

How does child support relate to parenting time?

Accepted Answer

They're connected but separate. Standard support: if one parent has the child 60%+ of the time, the other pays table support. Shared parenting (40%+ each): support is calculated using the set-off method. You cannot withhold parenting time because support isn't paid, and you cannot withhold support because parenting time is denied.

Question 17

Does the mother automatically get custody?

Accepted Answer

No. The 'Tender Years Doctrine' is abolished. Ontario law is gender-neutral. Fathers have equal rights to seek Decision-Making and shared Parenting Time. The focus is purely on who can best meet the child's needs.

Question 18

How much does a custody case cost?

Accepted Answer

Costs vary widely. A negotiated Parenting Plan might cost $1,500 to $3,000. A high-conflict custody trial involving the Office of the Children's Lawyer (OCL) or assessments can cost $30,000 to over $100,000. This is why we prioritize negotiation.

Child Custody & Parenting in Ontario: Your Questions Answered

Too Busy to Read? The 30-Second Summary:

Old Term vs. New Term

Definitions: The Vocabulary Shift

The Arrangements: Types & Options

The ‘Best Interests’ Test

Tough Situations: Violence & Non-Compliance

Logistics: Moving & Changes

Quick Reference: Common Questions

Protect their childhood. Secure your future.