Nothing in a separation cuts as deep as the fight over the kids. In Toronto and across Ontario the law puts the best interests of the child first, while still giving both parents a fair chance at a real relationship with their children. Our Toronto family lawyers do this work every day, and we would rather explain it to you now than have you learn it the expensive way.
Maybe you’re at the very start of this. Maybe you have an arrangement already and it stopped working two years ago. Either way, here is what Ontario’s child custody laws say and how they land on families in Toronto.
The words Ontario actually uses now
Ontario no longer uses the word “custody” in its legislation. The law now refers to decision-making responsibility and parenting time, as outlined in the federal Divorce Act and Ontario’s Children’s Law Reform Act. That isn’t only a change of vocabulary. It moves the focus off parental control and onto what each parent is responsible for in raising the child.
- Decision-making responsibility refers to the authority to make major decisions about a child’s upbringing, such as education, health care, religion, and extracurricular activities.
- Parenting time refers to the time a child spends in the care of each parent, regardless of where the child primarily resides.
Those arrangements can be shared, split, or granted primarily to one parent. It depends on the circumstances of the case.
More on how decision-making and parenting time are structured in Ontario.
How does a Toronto court decide?
One principle governs everything here, and it is the best interests of the child. Courts in Toronto weigh a range of factors when working out which arrangement will most benefit the child, including:
- The child’s needs, age, and stage of development
- The child’s physical, emotional, and psychological well-being
- The relationship between the child and each parent
- Each parent’s willingness and ability to meet the child’s needs
- Any history of family violence
- The child’s views and preferences, depending on age and maturity
Every case gets looked at on its own facts. Some parents build a workable parenting plan between themselves. Others need lawyers or a family mediator in the room before anything gets agreed.
How family mediation can help resolve custody disputes.
What goes into a parenting plan
Parents are encouraged to put together a parenting plan, a written agreement setting out how decisions will be made and how parenting time will be shared. You can tailor it to your family. It should cover:
- Schedules for parenting time (weekly, weekends, holidays, vacations)
- Rules for decision-making responsibilities
- Communication between parents
- Dispute resolution methods
Once you have agreed on it, the plan can be folded into a separation agreement or a court order, which makes it legally enforceable. We draft these for parents constantly. The good ones are specific enough to be boring, because vague plans are what people end up arguing about.
Our family law team can assist with all aspects of parenting plans and separation agreements.
Changing an arrangement after it is in place
Things change after an order is in place. A parent relocates, loses a job, remarries, or develops health issues that affect their ability to care for the child. When that happens, the parenting arrangement may no longer be in the child’s best interest.
To change it, the parent must show a material change in circumstances. Courts don’t modify a parenting plan lightly, and the child’s best interests still sit above everything else.
If both parents agree to the change, they draft a revised agreement and file it with the court. If not, a judge decides.
We provide strong advocacy when modifying parenting time or decision-making responsibilities.
What if the parents were never married?
In Ontario both parents have equal legal rights to their children, married or not. That said, the parent the child lives with most of the time is considered the primary caregiver and may have the majority of decision-making responsibility, unless the parents agree otherwise or the court orders otherwise.
Unmarried parents may still need to go through the court to establish or confirm their parenting rights and responsibilities. If that describes you and there is a custody issue in play, speak to a family lawyer early rather than late.
How our Toronto child custody lawyers support both married and unmarried parents.
What if one parent denies access?
Unless a court order restricts parenting time, both parents are entitled to have time with their child. A parent who unilaterally prevents the other from seeing the child may be violating the terms of the parenting agreement or order.
The parent on the receiving end can:
- Apply to the court to enforce the order
- Request police assistance (in rare cases)
- Ask for a change in the parenting arrangement
Write down every denied visit as it happens, with dates. Then talk to a lawyer before you take any other step.
When the case is genuinely high-conflict
Most custody matters get resolved through negotiation or mediation. Some don’t, and court intervention becomes necessary. That happens in cases involving:
- Allegations of abuse or neglect
- Parental alienation
- Substance use concerns
- Criminal charges affecting one parent
In those situations the Ontario Court of Justice or the Superior Court of Justice will make decisions based on the evidence presented. Which is exactly why you want an experienced family lawyer putting that evidence in front of the judge.
Parenting time and the old word “visitation”
People still say “visitation” at the kitchen table. In Ontario the updated laws replaced it with “parenting time.” Parenting time can be:
- Equal or near-equal, where both parents share significant time
- Primary with one parent and scheduled with the other
- Supervised, in cases where safety is a concern
Where both parents are capable and involved, courts will often support shared parenting time, unless the evidence suggests otherwise.
How this affects child support
Parenting arrangements feed directly into child support. The parent with less parenting time typically pays support to the other parent, based on income and the number of children involved. Where parenting time is shared close to equally, the amount may be adjusted accordingly.
Your options on support obligations in Toronto.
What a Toronto family lawyer actually does here
None of this is easy while you’re angry and frightened for your children. We give straight advice and proper representation to help you:
- Understand your rights and obligations
- Draft or review parenting agreements
- Represent you in mediation or court
- Protect your child’s best interests
We listen first. Then we build a strategy that fits what your family actually needs.
Schedule a confidential consultation with our legal team today.
The short version for Toronto parents
- Ontario uses the terms “decision-making responsibility” and “parenting time” instead of “custody.”
- The best interests of the child guide all decisions about parenting arrangements.
- Parenting plans can be customized and made legally binding through court orders.
- Modifications require a significant change in circumstances and court approval if not agreed upon.
- Courts are available for high-conflict or complex custody cases.
These decisions follow a family for years. Good advice early tends to make the whole thing shorter and cheaper.
We are here to support Toronto families at every stage of separation or divorce.
If you need trusted legal guidance on child custody laws in Toronto, contact Kazandji Law. We act for parents right across the GTA, and the aim doesn’t change: protect the children, and give the co-parenting relationship a real chance of working.