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Family

What happens to arrangements for children when we divorce in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

When a divorce involves children under 19, the court must be satisfied that reasonable arrangements have been made for each child's financial support before it will grant the divorce. This is a firm requirement under the Divorce Act — a judge can postpone the divorce if child support has not been addressed.

Parenting arrangements — who the children live with and how decisions about their lives are made — can be settled by agreement between the parents or ordered by the court. The Divorce Act uses the language of "parenting time" and "decision-making responsibility" rather than the older terms of custody and access. The court's overriding concern is the best interests of the child; parents' preferences are secondary to that standard.

Child support is calculated using the federal Child Support Guidelines, which tie the amount primarily to the paying parent's gross income and the number of children. The court can incorporate your agreed parenting plan and support arrangements into the divorce order itself, making them legally enforceable. If you reach agreement on these issues in a separation agreement beforehand, the divorce process is usually much smoother.

Key takeaways

  • A court will not grant a divorce unless child support arrangements are in place.
  • Parenting time and decision-making responsibility replace the older custody/access language under the Divorce Act.
  • Child support amounts are calculated under the federal Child Support Guidelines.
  • Parenting and support terms can be built directly into the divorce order.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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