Manitoba Child Custody (Parenting Orders) Laws (2026)
About this article
Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Since March 1, 2021, "custody" and "access" are gone from the Divorce Act. The new language is "decision-making responsibility" and "parenting time." The change isn't cosmetic — it shifts the question from what the parent is owed to what the child needs.
Every decision about children turns on the best interests of the child. Section 16(3) lists the factors. The factor the statute marks as paramount: the child's physical, emotional, and psychological safety, security, and well-being.
The 2021 amendments also gave Canada its first federal-law definition of family violence. The definition is broad — physical, sexual, psychological, emotional, and financial abuse, plus coercive and controlling behaviour. Courts now have to weigh it explicitly in parenting decisions.
Planning to move with a child? You must give 60 days' written notice to the other parent. The relocation provisions (ss. 16.9–16.96) include presumptions about who carries the burden depending on the existing parenting arrangement.
When does it apply?
These rules cover:
- Divorcing or separating parents with children under 18.
- Common-law parents — handled under each province's family-law statute.
- Non-parents like grandparents can apply for contact orders in defined circumstances.
What to Do If the Other Parent Is Denying You Parenting Time in Canada
- Negotiate a parenting plan first. Courts reward cooperation and punish entrenchment.
- Build a detailed plan covering schedule, decision-making, holidays, transitions, and communication channels.
- Put the child's needs first — actually, not rhetorically. It shows in your evidence.
- Document safety concerns with dates, details, and any corroborating evidence.
- Comply with the 60-day relocation notice if you plan to move.
What should you NOT do?
- Don't withhold parenting time unless there's a genuine safety reason. Self-help backfires in court.
- Don't speak negatively about the other parent to or in front of the child. Judges call this out.
- Don't relocate without notice. The court can order the child returned.
- Don't assume 50/50 is automatic. Canada has no legal presumption of equal parenting time.
- Don't dismiss the child's views. Courts weigh them based on age and maturity.
How Manitoba differs from federal law
Child custody in Manitoba is governed by the federal Divorce Act (for married parents) and Manitoba's Family Maintenance Act, CCSM c. F20 (for all parents, married or not). Since 2021, the Divorce Act uses the terms decision-making responsibility and parenting time instead of "custody" and "access."
- The paramount consideration is the best interests of the child. Courts consider the child's physical, emotional, and psychological safety and well-being, the nature of the child's relationship with each parent, each parent's willingness to foster the child's relationship with the other parent, and the child's views and preferences.
- Manitoba courts start from the presumption that meaningful contact with both parents is in the child's best interests, unless there is evidence of family violence or harm.
- The Divorce Act includes a list of family violence factors that the court must consider, including the nature, seriousness, and pattern of violence, and its impact on the child.
- Parents can create their own parenting plan (either through negotiation, mediation, or collaborative law). If they cannot agree, the court decides.
- Manitoba's Family Conciliation service (part of the court system) provides mediation and assessment services to help parents reach agreements about parenting time.
Additional Steps in Manitoba
You can apply to the Manitoba Court of King's Bench (Family Division) for a parenting order. Manitoba's Family Conciliation service is available at 204-945-7236 (Winnipeg) to help resolve disputes through mediation. The "For the Sake of the Children" program is mandatory for parents of minor children going through separation. Legal Aid Manitoba covers family law matters for eligible applicants at 1-800-261-2960.
Relevant Law: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 16–16.96; The Family Maintenance Act, CCSM c. F20, Part III
Common Questions
What is the child custody (parenting orders) right in Canada?
Since March 1, 2021, "custody" and "access" are gone from the Divorce Act. The new language is "decision-making responsibility" and "parenting time." The change isn't cosmetic — it shifts the question from what the parent is owed to what the child needs.Every decision about children turns on the best interests of the child. Section 16(3) lists the factors. The factor the statute marks as paramount: the child's physical, emotional, and psychological safety, security, and well-being.The 2021 amendments also gave Canada its first federal-law definition of f...
When does child custody (parenting orders) apply?
These rules cover:Divorcing or separating parents with children under 18.Common-law parents — handled under each province's family-law statute.Non-parents like grandparents can apply for contact orders in defined circumstances.
What should I do if my co-parent in Canada is refusing to let me see my children?
Negotiate a parenting plan first. Courts reward cooperation and punish entrenchment.Build a detailed plan covering schedule, decision-making, holidays, transitions, and communication channels.Put the child's needs first — actually, not rhetorically. It shows in your evidence.Document safety concerns with dates, details, and any corroborating evidence.Comply with the 60-day relocation notice if you plan to move.
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold parenting time unless there's a genuine safety reason. Self-help backfires in court.Don't speak negatively about the other parent to or in front of the child. Judges call this out.Don't relocate without notice. The court can order the child returned.Don't assume 50/50 is automatic. Canada has no legal presumption of equal parenting time.Don't dismiss the child's views. Courts weigh them based on age and maturity.
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.