What special rules apply when divorcing with young children in Ontario?

When divorcing with children, the court's primary concern under both the Divorce Act and Ontario's Children's Law Reform Act is the best interests of the child. No divorce will be granted unless the court is satisfied that reasonable arrangements for child support are in place — this is a legislative requirement, not a discretion.

The Divorce Act uses the terms "parenting time" and "decision-making responsibility" instead of the older language of custody and access. A parenting order can specify how much time each parent spends with the children and how major decisions (education, health, religion) are made. Where both parents share decision-making, clear communication is essential — and conflict between parents is a factor the court considers when assessing the children's best interests.

Child support follows the federal Child Support Guidelines, which set a base amount tied to the paying parent's income and the number of children. Special or extraordinary expenses (such as daycare, extracurriculars, or orthodontics) are typically shared in proportion to each parent's income in addition to the base amount.

Children are not required to testify in divorce proceedings, but courts can appoint a children's lawyer to represent the child's interests in contested matters involving parenting arrangements.