How does a court decide what parenting time schedule to order?

Ontario courts — and courts applying the federal Divorce Act — use a "best interests of the child" test to set parenting time. Judges look at a list of factors including: the child's physical, emotional, and psychological safety; the child's relationship with each parent and other important people; each parent's willingness to support the child's relationship with the other parent; any history of family violence; and the child's own views, given their age and maturity.

There is no formula that spits out a schedule. A young infant may spend more overnights with a primary caregiver, while a school-age child might shift to a more equal split. Teenagers' expressed preferences carry more weight. Work schedules, proximity of homes, and school locations all factor in.

Most families reach a parenting plan through negotiation, mediation, or collaborative law rather than a trial. Courts generally encourage agreements because parents know their children best. A parenting order or separation agreement can always be varied later if circumstances change significantly.