Is Custody Still a Legal Term in Ontario After Separation?
No, custody is no longer the term used in the federal Divorce Act: as of March 1, 2021, 'decision-making responsibility' replaced 'custody' and 'parenting time' replaced 'access'. The Ontario Court of Justice glossary confirms that 'access' was replaced with 'parenting time' in March 2021, and describes contact as time a non-parent may be allowed to spend with a child.
Decision-making responsibility means responsibility for 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. Decision-making can be joint, sole or divided between parents.
Parents who were never married, or who are not divorcing, cannot get a Divorce Act order and need a parenting order under Ontario's Children's Law Reform Act. Ontario's government guidance uses the same terms for all parents. The old words still turn up in older orders and everyday speech, so a lawyer can help you read what your document means.
Key takeaways
- As of March 1, 2021, the Divorce Act replaced custody with decision-making responsibility and access with parenting time.
- Decision-making responsibility covers significant decisions such as health, education, religion and significant extracurricular activities, while parenting time is the time a child spends in a person's care.
- Decision-making can be allocated to one parent, both, or divided so that each parent decides different areas.
- Parents who were never married, or who are not divorcing, need a parenting order under the Children's Law Reform Act rather than a Divorce Act order.