Custody & Access

Ontario no longer uses the words "custody" and "access" in its family law. Since March 1, 2021, the law speaks of decision-making responsibility and parenting time instead. A court decides both only on the child's best interests (Children's Law Reform Act, s. 24(1); Divorce Act, s. 16(1)).

Decision-making responsibility is about who makes the major decisions for a child. Parenting time is about when the child is in each parent's care.

People still search for custody and access, so this page uses both sets of words. It explains how parenting arrangements are made in Ontario, what a court looks at, and the steps that help most in the first weeks after a separation. Each topic links to a longer guide. Parenting questions are usually tied to child support. Our practice areas page shows how the pieces connect.

Decision-making responsibility means responsibility for significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities (CLRA, s. 18(1)). It can be given to one parent, to both jointly, or divided by subject, for example one parent for health and both for education.

Parenting time is the time a child spends in a parent's care, whether or not the child is physically with that parent the whole time (s. 18(1)). Unless the court orders otherwise, a parent has exclusive authority to make day-to-day decisions for the child during their parenting time (s. 28(6)).

Contact is time a child spends with someone who is not a parent, such as a grandparent, under a contact order. Any person other than a parent, including a grandparent, may apply for a contact order (s. 21(3)). Our guide on grandparents asking for contact covers that route.

Until an agreement or order says otherwise, a child's parents are equally entitled to decision-making responsibility (s. 20(1)). That is why the first agreement or order matters so much. Our guide to decision-making responsibility and parenting time explains the terms in more depth.

1. Try to agree on a parenting plan. Most families settle parenting without a trial. The Divorce Act asks parties to try a family dispute resolution process such as negotiation or mediation where that is appropriate (s. 7.3), and a court will include a parenting plan the parties submit unless it is not in the child's best interests (s. 16.6(1)).
2. If you cannot agree, apply for a parenting order. A parent may apply for an order about decision-making responsibility and parenting time (CLRA, s. 21(1)). The application comes with an affidavit setting out your proposed plan for the child's care and any past family or criminal proceedings (s. 21(4)).
3. Attend the mandatory information program. Each party must attend within 45 days after the case starts (Family Law Rules, r. 8.1(4)).
4. Exchange information and attend conferences. A judge meets the parties at a case conference to narrow the issues. The court can also appoint a mediator chosen by the parties if they ask (CLRA, s. 31(1)).
5. Hear the child's perspective where appropriate. The child's views and preferences are one of the best interests factors (s. 24(3)(e)). Our guide to how a child's views are heard explains the options, including the Office of the Children's Lawyer.
6. Get an order. The court can give decision-making responsibility to one or more persons, allocate parenting time by way of a schedule, and add terms such as a ban on changing the child's school or removing the child from Ontario without consent (s. 28(1) and (5)).

In Toronto, parenting cases under the Children's Law Reform Act can be heard at the Ontario Court of Justice family courts or the Superior Court of Justice. If the parents are married and one of them is asking for a divorce, the Divorce Act applies and the case is in the Superior Court.

The court must give primary consideration to the child's physical, emotional and psychological safety, security and well-being (CLRA, s. 24(2); Divorce Act, s. 16(2)). It then considers all the child's circumstances, including:

Two further rules shape the result. A person's past conduct is not considered unless it is relevant to how they would exercise parenting time, decision-making or contact (s. 24(5)). And in allocating parenting time, the court gives effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests (s. 24(6)). That is not a rule of equal time. Our guide to how courts decide best interests goes through each factor.

• Family violence. The definition is broad and includes threats and a pattern of coercive and controlling behaviour, not only physical harm (s. 18(1)). The court weighs its nature, seriousness, frequency and effect on the child (s. 24(4)).
• A planned move. A parent planning a relocation, meaning a move likely to have a significant impact on the child's relationship with the other parent, must give at least 60 days' written notice with a proposal for how parenting would work afterwards (CLRA, s. 39.3; Divorce Act, s. 16.9). Where parents substantially follow an order or agreement for substantially equal time, the parent who wants to relocate has to prove the move is in the child's best interests (CLRA, s. 39.4(5)). See moving with a child after separation.
• Travel outside Canada. The Government of Canada recommends a consent letter when a child travels without one or both parents. An order may also set travel rules. See travelling with your child.
• An existing order is not followed. A court can direct the police to locate and deliver a child who is being unlawfully withheld (s. 36(2)), and the Ontario Court of Justice can punish wilful contempt of its orders under the Act (s. 38(1)). See what to do when a parenting order is not followed.
• A parenting agreement already exists. A court can disregard a term of a domestic contract about decision-making or parenting time where that is in the child's best interests (Family Law Act, s. 56(1)).
• Someone other than a parent is involved. Grandparents and others can apply for decision-making responsibility (s. 21(2)) or contact (s. 21(3)).

For example, imagine hypothetical parents, Jordan and Alex, who separate when their daughter is eight. Alex did most of the school-day caregiving while Jordan worked long shifts, but Jordan has coached the daughter's soccer team for three years and the two are close. Both want to stay involved.

A court in this situation would not start from a preference for either parent. It would look first at the daughter's safety and well-being, then at the history of care (factor (d)), the strength of both relationships (factor (b)) and whether each parent supports the other's role (factor (c)). A schedule that keeps school-week stability with Alex while giving Jordan regular weeknight and weekend time might reflect those factors. Decision-making might be joint if the parents can communicate, or divided by subject if they cannot.

Now suppose Alex later wants to move to Ottawa for a new job. Because the move would affect the daughter's relationship with Jordan, Alex would need to give at least 60 days' notice with a proposal for Jordan's time. Jordan could object, and a court would decide the relocation on the child's best interests. The example is invented. It shows how the factors work together, not what any court would order.

• Keeping a child from the other parent to gain an advantage. A parent's willingness to support the child's relationship with the other parent is a listed factor (s. 24(3)(c)), and withholding time often backfires.
• Treating the child as a messenger or a witness. Courts hear a child's views in structured ways. Pressing a child to choose sides helps no one.
• Moving first and giving notice later. The 60-day notice rules apply before a relocation, and a parent who moves without notice may face a court ordering the child's return.
• Assuming parenting time and child support are traded. They are separate questions. A parent who is denied time must still pay support, and vice versa. Our guide on child support with shared parenting explains when the schedule does change the amount.
• Relying on a verbal arrangement. Informal schedules are hard to enforce. A written, signed and witnessed separation agreement or a court order gives everyone certainty.
• Using old terms in a new agreement. An agreement that speaks only of "custody" and "access" can leave doubt about who decides what. Current agreements usually set out decision-making by subject and a full schedule.

1. Write down the child's current routine: school, activities, health care and who does what.
2. Keep a simple calendar of the actual parenting schedule from the date you separated.
3. Keep communication with the other parent in writing, short and about the child.
4. If you are planning a move, do not commit to it until the 60-day notice and the other parent's response are dealt with.
5. If there is any safety concern, put it in writing and call 911 in an emergency.
6. Gather school and medical contact details so both parents can get information.
7. Book a consultation before you sign a parenting plan.

We focus on clarity and child-centred solutions, making sure parenting arrangements reflect the best interests of the child. Whether through negotiation or court proceedings, we advocate for fair and practical parenting agreements that put stability and well-being first. We help you set out decision-making responsibility and parenting time in clear terms that work in practice, and we help you protect your relationship with your child. To see who you would be working with, meet our team.

Parenting arrangements also shape the money side of a separation. The schedule drives how child support is calculated. Married parents will also deal with separation and divorce.

Is there still such a thing as sole custody in Ontario?

Not under that name. A court can give decision-making responsibility to one parent alone, which is close to what sole custody used to mean, or to both parents jointly or by subject (CLRA, s. 28). Where another Ontario law still refers to custody of a child, the reference generally includes decision-making responsibility (s. 18(5)).

Do the parents automatically share time equally?

No. The law favours as much time with each parent as is consistent with the child's best interests (s. 24(6)), but there is no presumption of a 50/50 schedule. The right schedule depends on the child's needs, history of care and the other factors.

At what age can a child decide where to live?

There is no set age in the Act. The child's views and preferences are given due weight according to age and maturity (s. 24(3)(e)). An older teenager's views usually carry more weight, but they remain one factor among several.

Can the other parent move away with our child?

Not without notice if the move is a relocation. At least 60 days' notice is required, and the other parent can object (CLRA, s. 39.3). A court then decides based on the child's best interests and the burden rules in section 39.4.

Can grandparents get time with a grandchild?

Yes, a grandparent can apply for a contact order (s. 21(3)), and the strength of the child's relationship with grandparents is one of the best interests factors (s. 24(3)(b)).

Does it matter whether we were married?

Not for the child's best interests. Unmarried parents use the Children's Law Reform Act. Married parents who are divorcing use the Divorce Act, which has the same core terms and test.

What if I am worried about my child's safety?

Safety is the primary consideration in every parenting decision (s. 24(2)). In an emergency call 911. For urgent court help, courts can hear urgent motions, and a lawyer can help you decide what to file.

We serve families across Toronto from our office at 401 Bay Street. Our Toronto family court guide explains which court hears which case. Divorce and property cases are heard at the Superior Court of Justice family court on University Avenue. Support and parenting cases can also be heard at the Ontario Court of Justice family courts at 47 Sheppard and 311 Jarvis.