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Visitation Rights in Ontario: How Parenting Time Works

The law has updated the language, but the right remains the same. Understanding 'Parenting Time,' 'Contact Orders,' and how to secure a schedule that keeps you in your child's life.

Legal Review: This visitation guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Divorce Act changes regarding 'Parenting Time' and 'Contact' (2026).

Does 'Visitation' Still Exist?

Legally, the term 'Visitation' (or 'Access') has been replaced to reduce conflict.

  1. For Parents: It is now called 'Parenting Time.' This includes the right to visit AND the right to ask for information about the child's health/education.
  2. For Non-Parents (Grandparents): It is now called 'Contact.'

Regardless of the name, the principle is the same: The Maximum Contact Principle encourages as much time with each parent as is consistent with the child's best interests.

Structured vs. Flexible Schedules

Reasonable Visitation

Open-ended. 'Upon reasonable notice.' Works only for highly cooperative parents. A disaster for high-conflict exes.

Fixed Schedule

Specific dates and times (e.g., 'Alternate weekends from Friday 4 PM to Sunday 6 PM'). Reduces arguments and is preferred by courts.

Supervised Visitation

Used when safety is a concern (addiction, abuse, flight risk). Visits happen at a center or with a trusted relative present.

Virtual Visitation

Video calls (Zoom/FaceTime). Crucial for long-distance parents or as a supplement to in-person visits during the week.

Who Has the 'Right' to Visit?

The legal standing differs based on your role.

Biological/Adoptive Parents

Strong Right

Parents have a presumptive right to Parenting Time unless they are proven unfit. Denial of access is rare and requires evidence of harm.

Grandparents & Step-Parents

Permissive Right

You do not have an automatic right. You must apply for a 'Contact Order' and prove that severing the relationship would hurt the child. The onus is on you.

What to Do If Visits Are Denied

1

Document the Denial

Show up at the pickup spot. Send a text: 'I am here to pick up [Child].' Keep a log of every refusal.

2

Request Make-Up Time

Send a polite email asking to reschedule the missed time within 14 days. This shows you are reasonable.

3

Police Enforcement Clause

If denials persist, we apply for a Court Order with a police clause directing authorities to enforce the schedule.

4

Contempt Motion

As a last resort, we ask the court to find the withholding parent in contempt, which can lead to fines or custody reversal.

Visitation FAQs

No. Access and Support are legally separate. You cannot withhold the child for unpaid bills, and you cannot withhold money for denied visits. These are two independent legal obligations that must be addressed separately through proper legal channels.
It depends on the status quo. Usually, it implies at least alternate weekends and half of holidays, but without a written schedule, it is unenforceable by police. Courts prefer fixed schedules to avoid disputes and ensure clarity for both parents and children.
There is no specific age, but teenage resistance (14+) is handled differently than a 6-year-old's refusal. Courts look at whether the parent is encouraging the visit or alienating the child. The child's maturity, reasons for refusal, and the parent's conduct all factor into the court's decision.
Deepa Tailor, Senior Family Lawyer

Deepa Tailor

Senior Family Lawyer

Deepa Tailor is the founder of Tailor Law. She helps parents move from vague 'reasonable access' disputes to clear, enforceable parenting schedules that protect the parent-child bond.

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