- When a court allocates parenting time under the Divorce Act, it is directed to apply the principle that a child should have as much time with each parent as is consistent with that…
- - It does not create a presumption of equal, 50/50 parenting time.
Parents often hear that the law "favours maximum time with both parents" and take that to mean equal parenting time is the default, or that a judge is required to split time as evenly as possible. That’s not quite right. The Divorce Act does include a maximum parenting time principle, but it’s narrower — and more conditional — than the popular version of it suggests.
This guide explains what the principle actually says, what it doesn’t say, and how it interacts with the best-interests test that governs every parenting decision.
What the Principle Actually Says
When a court allocates parenting time under the Divorce Act, it is directed to apply the principle that a child should have as much time with each parent as is consistent with that child’s best interests. In plain language: all else being equal, more time with each parent is generally seen as good for a child, and a court shouldn’t unnecessarily limit a parent’s time without a reason connected to the child’s best interests.
The key word is consistent — the principle operates inside the best-interests test, not alongside it or above it. It doesn’t create an independent right to a set amount of time; it shapes how the best-interests analysis gets applied.
What the Principle Does Not Do
- It does not create a presumption of equal, 50/50 parenting time. Maximizing time with each parent is not the same as guaranteeing an even split — the actual allocation still depends on the full best-interests analysis.
- It does not override safety concerns. Where family violence or other safety issues are relevant, the best-interests test controls, and a court will restrict or structure parenting time accordingly.
- It does not entitle a parent to time regardless of their relationship with the child. The principle assumes more time is good for the child specifically, not that a parent is owed time as a matter of fairness between adults.
- It does not apply in exactly the same statutory language to never-married parents’ cases. Ontario’s Children’s Law Reform Act uses its own best-interests framework for parents who weren’t married or aren’t divorcing, though the underlying value of supporting a child’s relationship with both parents runs through both systems.
How the Principle Actually Plays Out
| Scenario | How the principle applies |
|---|---|
| Two safe, involved, cooperative parents living reasonably close together | Supports a schedule that maximizes time with both, subject to logistics |
| One parent has a documented history of family violence | Best interests and safety take priority; the principle doesn’t require maximizing time in a way that compromises the child’s safety |
| Parents live far apart | Practical limits on how much time can realistically be split may constrain how the principle applies, even with two fit parents |
| A parent has had little prior involvement in the child’s day-to-day care | The full best-interests analysis, not the maximization principle alone, determines an appropriate path forward |
Common Misconceptions
"The law requires 50/50 time." No. The principle pushes toward meaningful time with each parent where appropriate, but the actual schedule depends on the full best-interests picture, not a formula. That’s a separate question, decided on its own facts rather than by this principle alone.
"If a parent asks for more time, the court has to lean toward giving it to them because of this principle." Not automatically. The principle applies to the child’s best interests, not to whichever parent is asking for more time.
Frequently asked questions
Does the maximum parenting time principle mean I’m entitled to 50/50 time with my child?
No. It supports meaningful time with each parent where that’s consistent with the child’s best interests, but it doesn’t create an automatic right to an equal split, which is a separate question decided on the full facts of a case.
Can this principle be used to override a safety concern?
No. Where family violence or another safety issue is genuinely relevant, the best-interests test controls, and a court can limit, supervise, or structure parenting time to protect the child regardless of the maximization principle.
Does this principle apply if my ex and I were never married?
The Divorce Act’s specific language applies to divorcing spouses. Never-married parents’ cases proceed under Ontario’s Children’s Law Reform Act, which uses its own best-interests framework, though supporting a child’s relationship with both parents is a value that runs through both.
Does more parenting time affect child support?
It can. Some child support calculations account for each parent’s share of parenting time, so a meaningful shift in the schedule may affect the support analysis — but the amount involved depends on your specific numbers and the applicable guideline rules.
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