Parenting Time When a Parent Has No Stable Housing in Ontario

If you are staying with a relative, in a shelter, in a short-term rental or moving between places, you may worry that you have lost your chance at regular parenting time, especially overnights. That worry is understandable, and it is often the other parent's first argument.

This article explains the general framework Ontario courts use and how a parent in temporary housing can approach the issue. It is general information, not legal advice, and outcomes depend heavily on the facts.

Your starting point: the right to parenting time

Ontario's guidance says parents have the right to parenting time unless a court decides otherwise. Parenting time includes time the child is at school or elsewhere, not only time spent in your home. That means that where you live does not on its own end your role as a parent.

If a divorce has started or a Divorce Act parenting order exists, the Divorce Act applies. If no divorce proceeding has started, the Children's Law Reform Act applies and you would need a parenting order under it.

How a court looks at housing

Housing is not a stand-alone pass or fail test. The law asks about the child's best interests, and the court gives primary consideration to the child's physical, emotional and psychological safety, security and well-being. The court also applies the principle that a child should have as much time with each spouse as is consistent with the child's best interests.

So the real question is practical: given your living situation, can the child be safe, cared for and settled during your time? A short daytime visit, a weekend, or an overnight may raise different questions.

Options a court can use

Courts have flexibility. Under the Divorce Act, a court can make parenting orders covering parenting time and decision-making, including interim orders, and can set schedules, conditions and supervision. That allows steps such as starting with daytime time and building toward overnights as your housing settles. Whether that suits your situation is a question for a lawyer.

• Regular daytime parenting time while housing is unsettled.
• A schedule that changes once you have a stable address.
• Conditions about where time takes place or who is present.
• An interim order to set an arrangement while the case continues.

Put the arrangement in writing

An informal parenting plan between parents can be hard to enforce. A plan can be informal, part of a separation agreement, or part of a court order. Where parents agree a parenting plan, the court must include it in the order unless it is not in the child's best interests, in which case the court may modify it.

If you cannot agree, either parent can apply for a parenting order, and the judge must act in the child's best interests and consider family violence. Without a written arrangement or order, enforcing your rights is harder.

When housing loss is connected to family violence

Sometimes a parent is without stable housing because they left an unsafe home. If you leave an abusive situation, you can still apply for parenting of your children, and if the children might be in danger you can contact police to take you to a shelter or safe place. Family violence includes physical, sexual, psychological and financial abuse, and coercive and controlling behaviour, whether or not it is a crime.

The court considers family violence and its impact when deciding parenting questions. Separation can be a particularly dangerous time, and a safety plan for you and your children is recommended where there is family violence.

What to do next

• Write down where you are staying, for how long, and what the child's sleeping arrangements would be.
• Gather proof of any housing applications, leases, shelter placements or referrals.
• Keep a record of the parenting time you have been having and how it has gone.
• Propose a written step-by-step plan to the other parent, even if it starts small.
• Speak with a family lawyer about interim orders if the other parent is refusing time.

Frequently asked questions