Child Custody & Access in Ontario
Ontario updated its family law terminology in 2020. What was once called "custody" is now called decision-making responsibility, and "access" is now called parenting time. These changes reflect a more child-centred approach to family law under the updated Divorce Act and Children's Law Reform Act.
Decision-Making Responsibility (formerly Custody)
Decision-making responsibility refers to a bundle of rights and responsibilities. The person awarded decision-making responsibility makes the major decisions on behalf of the child, including matters of education, healthcare, religion, and extracurricular activities.
Section 20(1) of the Children's Law Reform Act states that "except as otherwise provided in this Part, the father and the mother of a child are equally entitled to custody of the child." It is the child's right to have a relationship with both parents.
The Court has the power to order which spouse will have decision-making responsibility, or whether it will be shared equally. If both parents want decision-making responsibility, the Court will make an order based on the best interests of the child.
Parenting Time (formerly Access)
Parenting time means the right to visit with and spend time with the child. A person granted parenting time also has the right to ask for and receive information about the child's health, education, and well-being.
Parenting time is a right of the child — not a right of the parent.
A parent with decision-making responsibility cannot refuse parenting time without a court order authorizing that. Repeated refusal of parenting time can be a major factor in a court ordering a change in decision-making responsibility.
Types of Parenting Time
Reasonable (Liberal and Generous) Parenting Time
If parents can cooperate, parenting arrangements can be flexible rather than a detailed schedule — sometimes called "reasonable access" or "liberal and generous access."
Fixed or Specified Parenting Time
In some circumstances, terms of parenting time include a specific and detailed schedule covering holidays, long weekends, children's birthdays, and religious occasions.
Rights of the Parent with Parenting Time
Unless the Court orders otherwise, the parent with parenting time has the right to:
- Receive information about the child's health, education, and welfare
- Oppose the adoption of the child by a third party
- Receive notice of and be heard in criminal proceedings against the child
- Share equally in the child's estate if the child dies without a will
- Consent to or oppose a change in the child's name
- Apply for a variation of parenting time arrangements
Our experience helps us work with worried parents in resolving the often emotional child custody decisions. Contact us at 289-624-1584 to discuss your specific concerns.