What Is the Difference Between Custody and Parenting Time Under Ontario Law Now?

Under the federal Divorce Act, custody is now called decision-making responsibility and access is now called parenting time, a change that took effect on March 1, 2021. Decision-making responsibility is the responsibility for making significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extracurricular activities. Parenting time is the time a child spends in the care of a person named in a parenting order, whether or not the child is physically with that person the whole time.

Ontario's government guidance uses the same terms for all parents, and a parenting order is a legal order setting out decision-making responsibility or parenting time that the court can enforce. Decision-making can be joint, sole or divided, where each parent decides different areas. Unless the court orders otherwise, the person with parenting time makes day-to-day decisions during that time. Parents who were never married or are not divorcing need an order under Ontario's Children's Law Reform Act instead.

How an older order that uses the words custody and access is read in practice depends on its wording, so a lawyer can confirm what yours means. A court order can only be changed by a new decision from the court.