Child Custody (Parenting Orders) in Ontario
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 should you do?
- 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 Ontario differs from federal law
Child custody (now called decision-making responsibility and parenting time under the amended Divorce Act) is determined by the best interests of the child standard, applied by Ontario courts.
- The federal Divorce Act (amended 2021) uses the terms "decision-making responsibility" (who makes major decisions about the child) and "parenting time" (when the child is with each parent). Ontario's Children's Law Reform Act uses similar language for unmarried parents.
- Ontario courts consider many factors: the child's needs, the child's views and preferences (depending on age and maturity), each parent's ability to care for the child, any history of family violence, the child's cultural and linguistic heritage, and the child's relationships with siblings and other family members.
- Both parents have equal standing — there is no presumption in favour of mothers or fathers. Ontario courts focus on what arrangement best serves the child.
- If parents cannot agree, the court may order a Voice of the Child Report (where a professional interviews the child) or a full custody and access assessment under section 30 of the Children's Law Reform Act.
- Ontario's Office of the Children's Lawyer (OCL) can appoint a lawyer to represent the child's interests or provide a clinical investigation report in contested cases.
Additional Steps in Ontario
Try to reach a parenting plan through negotiation or mediation first. If court is needed, file in the Ontario Superior Court of Justice (Family Branch) or the Ontario Court of Justice (Family). Attend the required case conference. If the child's voice needs to be heard, request involvement of the Office of the Children's Lawyer. Legal Aid Ontario provides family law certificates for eligible parents, and many communities have duty counsel available at family court.
Relevant Law: Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 16–16.96; Children's Law Reform Act, R.S.O. 1990, c. C.12, ss. 18–35; Office of the Children's Lawyer — Ministry of the Attorney General (Ontario)
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 about child custody (parenting orders)?
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.
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