Legal Review
This guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with Ontario family law.
Is equal parenting time automatic? Understanding the ‘Maximum Contact’ principle and how to structure a shared parenting schedule that works.
Legal Review: This custody guide was reviewed by Deepa Tailor, Senior Family Lawyer , to ensure compliance with the Divorce Act principle of Maximum Contact (2026).
No. Unlike some jurisdictions, Ontario law does not have an automatic presumption of 50/50 custody. The only test is the Best Interests of the Child . However, the Divorce Act includes the ‘Maximum Contact Principle,’ which states that a child should spend as much time with each parent as is consistent with their well-being. In practice, this means judges often start with 50/50 as the ideal goal, assuming both parents are fit, available, and capable of communicating.
Equal time doesn’t always look the same. Which rotation fits your child’s age?
2 days with Mom, 2 days with Dad, 3 days with Mom. Then flip. Best for toddlers who need frequent contact with both parents.
One full week with each parent. Transitions happen on Fridays or Mondays. Best for older children who want fewer interruptions to their social life.
You always have the same weekdays (e.g., Mon/Tue with Mom, Wed/Thu with Dad), and alternate weekends. Easy to remember for school/activities.
Rare but possible. If one parent works nights, 50% time might be achieved through daytime care, though this is logistically difficult.
Parents can text/email without fighting.
Parents live near each other (same school zone).
Both parents are capable of handling daily routines (homework, doctors).
Parents use exchanges to yell at each other.
The commute is too long for the child.
Abuse, addiction, or neglect makes one home unsafe. In these cases, the court will deny 50/50.
The ‘Set-Off’ Rule explained.
To qualify for a reduction, you must have the child at least 40% of the time (146 nights/year).
You do not pay $0. We calculate what Parent A would pay, calculate what Parent B would pay, and the higher earner pays the difference (Set-Off).
Special expenses (daycare, sports) are still split in proportion to income, regardless of the 50/50 schedule.
Warning: Fighting for 40% time *just* to lower support is transparent to judges. Focus on the child, not the wallet.
Understanding the difference between decision-making responsibility and parenting time.
How to draft a detailed parenting schedule that covers holidays, vacations, and transitions.
Calculate the set-off amount for shared parenting arrangements.
How the 60/40 arrangement works and when it’s the right choice.
Why the arrangement you accept now can crystallize into a permanent order.
Which approach works best for your situation and conflict level.
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She helps parents negotiate durable 50/50 parenting plans that prioritize stability and reduce conflict.
Let’s create a parenting plan that balances your child’s needs with both parents’ schedules.
Our experienced family lawyers are here to help. Book a free 30-minute consultation today.