Supervised Parenting Time in Ontario: When Ordered and How It Ends

Being told your time with your child will be supervised can feel like a judgment on you as a parent. In practice, it is usually a way for a court to keep contact going while a safety concern is addressed.

This article explains, in general terms, why Ontario courts order supervision, who can supervise, what to expect about cost and arrangements, and how people usually think about moving back to unsupervised time. Every family's facts are different, so use this as a map, not a prediction.

What supervised parenting time means

Supervised parenting time means you spend time with your child while another person is present to watch over the visit. The court may direct supervision of parenting time or contact, but the supervisor must first consent.

Supervision can also be narrower. Justice Canada lists supervised exchanges (where the handover is watched), supervised parenting time and non-removal orders as options. Ontario's guidance says supervised parenting time can be arranged where there are safety concerns. Which option fits a particular family depends on the facts, so it is worth confirming with a lawyer.

Courts and agreements now speak of parenting time and decision-making responsibility rather than custody and access. Older orders and agreements may still use the old words, and people still search for 'supervised access'.

Why a court may order supervision

The court's primary consideration in parenting cases is the child's physical, emotional and psychological safety, security and well-being. Supervision is one way to protect that while keeping the relationship alive.

Family violence is one of the main reasons the issue arises. It means conduct towards a family member that is violent or threatening, forms a pattern of coercive and controlling behaviour, or causes fear for safety, and it need not be a criminal offence. When assessing it, the court considers things such as:

• the nature, seriousness and frequency of the violence
• any pattern of coercive and controlling behaviour
• whether the child was the target of the violence or was exposed to it
• harm or risk of harm to the child, and fear for safety
• any steps the violent person has taken to prevent further violence

The court also has a duty to check whether restraining orders, child protection matters or criminal matters involving a party are pending or in effect, and it may ask the parties about them. The court may also appoint a qualified professional to assess the child's needs and each party's ability to meet them, and it may draw inferences if a party refuses to attend.

The court does not consider a person's past conduct unless it is relevant to their parenting time, decision-making responsibility or contact. How past events apply to your situation depends on the facts, so it is worth confirming with a lawyer.

Who can supervise, and what about cost

Ontario's guidance says the supervisor can be an agreed person, a paid professional, or staff at a Supervised Access Centre. The court may also involve the Office of the Children's Lawyer, an independent law office within the Ministry of the Attorney General.

Costs and waiting lists vary by service and location, and the right choice depends on the safety concerns. A lawyer or the court office can help you find current options near you.

Moving toward unsupervised time

Whether and how supervision can be changed depends on the wording of your order or agreement and on your situation, so it is worth confirming with a lawyer what you would need to show.

The court's primary consideration is the child's safety, security and well-being, and what that means for any change depends on the facts. The best-interests factors include the child's needs given age and stage of development, the history of care, and each parent's ability to care for the child. The list is not exhaustive.

Courts also work from the idea that a child should have as much time with each parent as is consistent with the child's best interests, subject to the child's safety. Practical things that tend to matter include:

• attending every scheduled visit and following the rules of the order
• keeping records of positive, safe visits
• completing any programs or counselling the order or agreement requires
• showing steps taken to prevent further problems
• proposing a gradual plan, such as longer visits or a move to supervised exchanges only

What to do next

• Read your order or agreement closely and note exactly what is supervised, where and how often.
• If you are asked to propose a supervisor, confirm they will consent before you rely on them.
• Ask any service about cost, availability and its rules before the first visit.
• Follow the order exactly; you can be fined or jailed for not following a court order on parenting time.
• Keep a simple written record of each visit.
• Speak to a lawyer about whether and how to ask the court to review the order.

Frequently asked questions