How is child custody and access decided in Ontario after separation?
Ontario courts decide decision-making responsibility and parenting time on one test only — the best interests of the child — using the statutory factors in the Divorce Act and the Children's Law Reform Act.
The language of custody and access has been replaced by decision-making responsibility and parenting time, but the governing test is unchanged: the best interests of the child, and nothing else. The Divorce Act and the Children's Law Reform Act both set out factors — the child's needs and views, each parent's willingness to support the child's relationship with the other, history of care, stability, and any family violence.
There is no presumption of equal time and no maternal or paternal preference. A parenting plan that reflects the child's schedule, the parents' actual availability and a workable communication method is far more persuasive than a demand for a percentage.
Most families resolve this without a trial through negotiation or mediation. Where there are safety concerns or a parent is withholding a child, urgent relief is available.
Source: Children's Law Reform Act, R.S.O. 1990, c. C.12 · Divorce Act
This work is handled by Leena Kumar (Family law / separation). Read more about family law / separation at VK Law Group, or send us the facts and we will tell you where you stand.
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