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Custody and Parenting
Decision-Making Responsibility in Ontario
What Is Decision-Making Responsibility?
Decision-making responsibility is the legal authority to make important decisions about a child’s life, including education, health care, religion, and extracurricular activities. In Ontario, this replaces the term “custody.”
Relevant Ontario and Federal Legislation
Decision-making responsibility is governed by the Divorce Act (Canada), section 16, and the Children’s Law Reform Act (Ontario). Both laws require decisions to be made based on the best interests of the child.
How Courts Decide Decision-Making Responsibility
Courts assess factors such as the child’s needs, each parent’s ability to communicate, past caregiving roles, and any history of family violence. Decision-making can be joint or sole, depending on what best supports the child.
Legal Support for Decision-Making Disputes
A family lawyer can help negotiate parenting arrangements, draft agreements, or seek court orders to protect your child’s best interests.
Parenting Time in Ontario
Understanding Your Parenting Time Rights
Parenting time in Ontario refers to the time a child spends in the care of each parent after separation or divorce. Parenting time can be set by agreement or court order and focuses on the child’s best interests, not parental entitlement.
How Parenting Time Is Determined
Courts consider factors such as the child’s routine, stability, safety, and relationship with each parent. Parenting time may be equal, shared, or primary, and can include weekday schedules, weekends, holidays, and school breaks.
Legal Help With Parenting Time
A family lawyer can help you negotiate, draft, or enforce parenting time arrangements and represent you in court if disputes arise.