Child decision-making responsibility (formerly custody) and parenting time (access) are two of the most significant aspects of family law. When parents separate, making arrangements for their children’s care and upbringing is often the most challenging part of the process. In Ontario, the law places a high priority on the best interests of the child and seeks to ensure that both parents are involved in the child's life, whenever possible.

What Is Decision-Making Responsibility?

Decision-making responsibility (formerly custody) refers to the authority of a parent to make significant decisions on behalf of the child. These decisions may include matters related to education, health care, religious upbringing, and extracurricular activities. Typically, parents are encouraged to make these decisions together, even if they are no longer living together.

In some cases, one parent may be granted sole decision-making responsibility if the court believes that shared responsibility would not be in the best interests of the child. This could be due to the relationship between the parents, the child’s needs, or any history of abuse or neglect.

What Is Parenting Time (Access)?

Parenting time (access) refers to the time a parent spends with their child. This can be a simple arrangement where both parents share time with the child equally, or one parent may have more time with the child depending on the circumstances. Ideally, both parents should have the opportunity to have a meaningful relationship with their child, and the court will take this into account when making decisions regarding parenting time.

How the Court Determines Parenting Arrangements

The court’s primary focus in determining decision-making responsibility and parenting time is the child’s best interests. The best interests of the child are determined by several factors, including the child’s age, emotional well-being, and the relationship with each parent. The court will also consider the child’s views, especially if they are mature enough to express their opinion.

Other factors the court considers include each parent's ability to provide for the child’s needs, the willingness of both parents to support the child’s relationship with the other parent, and any history of domestic violence or abuse. The ultimate goal is to foster a supportive, stable environment for the child.

Creating Parenting Plans and Agreements

Whenever possible, parents are encouraged to come to an agreement regarding parenting time and decision-making responsibilities. A parenting plan can be a written agreement between both parents that outlines the time the child will spend with each parent, decision-making processes, and any other relevant arrangements.

If parents cannot agree on a plan, mediation or arbitration may be necessary. If these efforts are unsuccessful, the matter may be taken to court, where a judge will make a final determination. In these cases, having experienced legal representation can be crucial to ensuring that your rights are protected and that the child’s best interests are prioritized.

Changes to Parenting Arrangements

In some cases, circumstances may change after a parenting arrangement has been finalized. Parents may experience changes in their living situation, employment, or other factors that affect their ability to care for the child. In these situations, it is possible to seek modifications to the parenting plan.

The court will consider any new evidence and determine whether changes are necessary to protect the best interests of the child. This may include changes in parenting time or adjustments to decision-making responsibility.If you need help navigating child decision-making responsibility (formerly custody) and parenting time (access), our team at LexCounsel is here to guide you through the process. We ensure that your rights are protected and that the best interests of your child are prioritized in any arrangements or court proceedings.

Contact LexCounsel today for unmatched support in your family law matters.