Child Custody (Parenting Orders) — Ontario
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 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
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.