Equal Shared Parenting in Ontario: What to Know.

Many parents separate believing that the law gives each of them half the time with the children. Others fear the opposite, that one parent will be treated as the main parent automatically. The reality sits between those ideas.

This article explains how Ontario courts approach parenting time, what the maximum contact principle means, and how decision-making fits in. Which statute applies depends on whether you are married and divorcing or not, so the details can differ.

Is equal time presumed?

No rule in the material we rely on says that equal time is the default. Instead, the law says a child should have as much time with each parent as is consistent with the child's best interests. This appears in Divorce Act s. 16(6) and Children's Law Reform Act (CLRA) s. 24(6).

The right amount depends on the individual child's circumstances, and it is subject to the child's safety. For some families that may be close to equal. For others it will not be.

Which law applies to you

The Divorce Act governs parenting between married spouses. The CLRA applies to unmarried or common-law parents and to married parents who are not divorcing. The two have parallel but separately numbered sections.

The old words custody and access have been replaced by decision-making responsibility and parenting time, though older orders and agreements still use the old terms.

What the court looks at

The court's primary consideration is the child's physical, emotional and psychological safety, security and well-being. The list of best-interests factors is not exhaustive, so a court may consider other matters while always giving priority to safety.

• The child's needs given age and stage of development.
• The child's relationships.
• Each parent's willingness to support the child's relationship with the other.
• The history of care.
• The child's views and preferences, given due weight for age and maturity.
• Each parent's ability to care for the child and to communicate and cooperate.
• Family violence and related proceedings.

No fixed age-based schedule is set by law. A schedule that suits a teenager is unlikely to suit an infant or toddler.

Decision-making is separate from time

Decision-making responsibility covers significant decisions about health, education, culture, language, religion and spirituality, and significant extra-curricular activities. It can be given to one parent, to both, or to a non-spouse, which is how sole, joint and divided orders are made.

The person with parenting time has exclusive authority over day-to-day decisions during that time, unless the court orders otherwise.

What to do next

• Think about the child's needs and routine, not just the number of days.
• Consider writing a parenting plan covering decision-making, schedule, holidays, transportation and travel.
• Have your own legal adviser review any draft plan before you sign.
• Remember that a court may disregard agreed parenting terms if that is in the child's best interests.
• Speak with a family lawyer about how these rules apply to your family.

Frequently asked questions