Child Custody & Parenting in Ontario: Your Questions Answered

If you cannot agree, you can try negotiation through lawyers, mediation or collaborative family law, and if you both agree, an arbitrator can decide the issue. If those options do not work or are not safe, either parent can apply to the court for a parenting order, and the judge will decide decision-making responsibility and parenting time based only on the child’s best interests. Both the Divorce Act and Ontario’s Children’s Law Reform Act expect parents to try family dispute resolution where it is appropriate, so a lawyer can help you choose the right process for your situation.

Detailed enough that both parents can follow it without renegotiating every week. Most plans cover who makes which major decisions (decision-making responsibility), the regular parenting-time schedule, holidays and special days, exchanges and transportation, communication between parents, travel, and how future disagreements will be resolved. When parents submit an agreed parenting plan, the court will generally include it in the parenting order unless it is not in the child’s best interests. The right level of detail depends on your family and the level of conflict, so it is worth having a lawyer review a draft.

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.

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.

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.

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.

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.

If you have a court order or agreement granting you parenting time, and your ex refuses to return the child, this is a breach of the order. File an Emergency Motion, which can include an order directing the police to locate and return the child (Children's Law Reform Act, s. 36), and consider a Contempt of Court motion. Do not take matters into your own hands.

Not on your own if a court order or separation agreement gives your ex parenting time. Withholding the children without legal justification can lead to a motion to enforce the order, make-up time and other consequences, and it can affect how the court views your parenting. If you believe the children are at real risk, for example because of family violence or a threat to remove them, speak to a lawyer right away: the court can order supervised or restricted parenting time or a restraining order, on an urgent basis where necessary. In an emergency, call 911.

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.

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 at least 60 days' written notice of a proposed relocation (Children's Law Reform Act, s. 39.3; Divorce Act, s. 16.9). Who has to prove whether the move is in the child's best interests depends on the existing parenting schedule (CLRA s. 39.4(5)-(7); Divorce Act, s. 16.93).

If both parents agree, you can sign a written amending agreement and, where there is a court order, ask the court to change the order on consent. If you do not agree, you can apply to the court to vary the parenting order; the court must first be satisfied that there has been a change in circumstances affecting the child since the last order, and then decides what is in the child’s best interests. Informal changes that are never put in writing can be hard to rely on later, so keep any agreed change documented and get legal advice before you act.

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.

They're connected but separate. Standard support: if a parent has the child less than 40% of the time, that parent generally pays the table amount. Shared parenting (40%+ each): support is determined under section 9 of the Federal Child Support Guidelines, which considers each parent's table amount (a set-off is only a starting point), the increased costs of shared parenting, and each household's condition, means and needs. You cannot withhold parenting time because support isn't paid, and you cannot withhold support because parenting time is denied.

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.

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.

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.

Costs vary widely. A negotiated Parenting Plan usually costs far less than a high-conflict custody trial involving the Office of the Children's Lawyer (OCL) or assessments. This is why we prioritize negotiation.

Costs vary widely. A negotiated Parenting Plan usually costs far less than a high-conflict custody trial involving the Office of the Children's Lawyer (OCL) or assessments. This is why we prioritize negotiation.