Parenting Time and Decision-Making Responsibility in Ontario
If you’re a parent going through a separation or divorce in Ontario (married or common-law), you’ll hear about “parenting time” and “decision-making responsibility.” These terms might sound formal, but they’re just about how you and the other parent will share time with your kids and make important decisions for them. Below, we break down what each term means, how you can set up arrangements, and what the law expects, all in friendly, easy-to-understand language.
Parenting Time vs. Decision-Making Responsibility
Parenting time refers to the time your child is in each parent’s care, essentially, when the child is with you or the other parent. This covers regular day-to-day time, including overnight visits, weekends, and holidays. It’s not just “visitation”; it’s about being involved in your child’s daily life (meals, homework, playtime, etc.). Decision-making responsibility, on the other hand, means having the authority to make major decisions about your child’s upbringing. This includes choices about the child’s health care, education, religion, and other big issues. For example, deciding what school your child attends or what medical treatment they need would fall under decision-making responsibility. It’s important to note that decision-making responsibility is separate from where the child lives, a parent might make important decisions even if the child spends most of their time with the other parent, and vice versa.
Making Parenting Arrangements: Agreements, Mediation, and Court
Figuring out a parenting arrangement can happen in a few ways. If you and the other parent can agree, you might create a parenting plan or separation agreement that clearly lays out the schedule and decision-making responsibilities. This can be an informal plan or a written agreement, what matters is that you both understand and accept it. Many parents work out details like pick-up times, holidays, and who makes certain decisions without ever going to court. You can also get help through mediation or other family dispute resolution methods. In mediation, a neutral professional helps you talk through issues and find common ground, it’s a way to settle parenting time and decision-making matters without going to trial. Mediation or collaborative family law can be less stressful and quicker than a court fight, and it lets you craft a plan that fits your family’s needs.
However, if you cannot reach an agreement, you may have to go to family court. As a last resort, a judge will decide for you by issuing a parenting order. This court order will set out who has decision-making responsibility and what the parenting time schedule is for each parent. Going to court can be time consuming and adversarial, so it’s usually better to try an agreement or mediation first. But know that the court is there to decide if needed, and once a judge makes an order, both parents must follow it.
Best Interests of the Child: The Guiding Principle
Whether you settle things between yourselves or end up in court, the law in Ontario requires that all decisions be made in the best interests of the child. This is the golden rule of family law. In practice, it means any parenting arrangement should focus on what is best for your child’s well-being, safety, and happiness – not what’s easiest for the parents. If a judge is involved, they must base their decisions on the child’s best interests. They will consider factors such as the child’s needs and stage of development, relationships with each parent (and siblings or other family), the child’s routine and stability, and each parent’s ability to care for the child. For example, if one arrangement provides more stability or less conflict for the child, that will carry a lot of weight. Family law is child-centered: the goal is to support the child’s healthy development and maintain a strong relationship with both parents whenever possible. So when you’re working out a schedule or making a proposal to a court, always frame it around why it’s good for your child.
New Terminology and Recent Changes in Law
You might have heard people use the terms “custody” and “access” in the past. As of 2021, those terms have been replaced in Ontario’s family law with “decision-making responsibility” and “parenting time”. This change was made to reduce the sense of one parent “winning” or “losing.” The new language is meant to be less combative and more focused on cooperation and the child’s needs. In practical terms, parenting time is basically what “access” used to be, the time a child spends with a parent. Decision-making responsibility is what we used to think of as “custody”, who gets to make big decisions for the child. Aside from the terminology, the principles remain the same: both parents are encouraged to stay involved in their children’s lives. These newer terms remind everyone that parenting after separation isn’t about one parent having ownership of the kids; it’s about sharing responsibilities in whatever way best serves the child.
