Child Custody (Parenting Orders) in Manitoba
Reviewed by the Commoner Law Editorial Team. 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, the terms "custody" and "access" have been replaced with "decision-making responsibility" and "parenting time" under the updated Divorce Act.
All decisions about children must be based on the best interests of the child. Section 16(3) lists detailed factors the court considers. The most important factor is the child's physical, emotional, and psychological safety.
The 2021 amendments also defined family violence for the first time in federal law. It includes physical, sexual, psychological, emotional, and financial abuse, as well as coercive and controlling behaviour.
If a parent wants to relocate with a child, they must give 60 days' written notice to the other parent.
When does it apply?
These rules apply to:
- Divorcing or separating parents with children under 18.
- Common-law parents — covered under provincial family law statutes.
- Non-parents such as grandparents may apply for contact orders in certain situations.
What to Do If the Other Parent Is Denying You Parenting Time in Canada
- Try to agree on a parenting plan first — courts prefer parents who cooperate.
- Create a detailed plan that covers the schedule, decision-making, holidays, and communication.
- Put the child's needs first in every decision.
- Document any violence or safety concerns with dates, details, and any evidence.
- Follow the 60-day relocation notice requirement if you plan to move.
What should you NOT do?
- Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.
- Don't speak negatively about the other parent to or in front of the child.
- Don't relocate without giving proper notice — the court can order the child returned.
- Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.
- Don't ignore the child's views — courts consider what the child wants, depending on their 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
When does child custody (parenting orders) apply?
These rules apply to:Divorcing or separating parents with children under 18.Common-law parents — covered under provincial family law statutes.Non-parents such as grandparents may apply for contact orders in certain situations.
What should I do if my co-parent in Canada is refusing to let me see my children?
Try to agree on a parenting plan first — courts prefer parents who cooperate.Create a detailed plan that covers the schedule, decision-making, holidays, and communication.Put the child's needs first in every decision.Document any violence or safety concerns with dates, details, and any evidence.Follow the 60-day relocation notice requirement if you plan to move.
What mistakes should I avoid with child custody (parenting orders)?
Don't withhold parenting time unless there is a genuine safety concern — this can backfire in court.Don't speak negatively about the other parent to or in front of the child.Don't relocate without giving proper notice — the court can order the child returned.Don't assume 50/50 is automatic — there is no legal presumption of equal parenting time in Canada.Don't ignore the child's views — courts consider what the child wants, depending on their age and maturity.
Child Custody (Parenting Orders) in other states
Same topic, different jurisdiction. Pick the one that applies to you.