Do Unmarried Parents Have Equal Custody Rights in Ontario?

Whether unmarried parents have equal rights without a court order depends on your situation, and the rules for parents who were never married come from Ontario's Children's Law Reform Act rather than the Divorce Act. Parents who were never married, or who are not divorcing, cannot get a Divorce Act order and need a parenting order under that Ontario law.

The words used are the same for everyone: decision-making responsibility is the right to make significant decisions about a child's life and well-being, and a parenting order is a legal order setting out decision-making responsibility or parenting time that the court can enforce. Decision-making responsibility can be shared, held by one parent, or divided so each parent decides different areas, such as one deciding health and the other education.

Without an order or written agreement, an informal plan can be difficult to enforce, and a plan can instead be included in a separation agreement or a court order. How legal parentage or guardianship affects your position depends on your facts, so it is worth confirming with a lawyer before you act.