Since March 2021, Ontario no longer uses “custody” or “access”—it’s now “decision-making responsibility” and “parenting time” to better focus on children’s needs.
- Decision-Making Responsibility:
- Sole: One parent makes all major decisions.
- Joint: Parents decide together—requires cooperation.
- Shared: Responsibilities are divided (e.g., one handles health, the other education).
- De Facto: One parent makes decisions by default if the other is uninvolved.
- Parenting Time:
- Primary Residence: One parent has the child most of the time.
- Shared: Child spends at least 40% of time with each parent.
- Split: Each parent has primary care of different children—rare.
- Courts Focus On:
- The child’s best interests, including stability, emotional bonds, and safety.
- Parental capacity and willingness to support the child’s relationship with the other parent.
- Any history of family violence.
These changes aim to reduce conflict and put children first. Read on to learn how the law works in real-life parenting situations.
Confused about joint custody versus shared custody? Here’s the reality: Ontario doesn’t even use these terms anymore. Since March 2021, family law uses “parenting time” and “decision-making responsibility” instead of “custody” and “access.” These new terms focus on your children’s needs and reduce parental conflict.
Types of Decision-Making Responsibility
Decision-making responsibility determines who gets to make the big decisions about your child’s life. This includes choices about school, medical care, religion, and cultural activities.
Sole Decision-Making Responsibility
One parent makes all major decisions about the child’s life. The other parent might still have parenting time and the right to be informed about decisions, but they don’t get the final say.
Courts typically award sole decision-making responsibility when parents can’t communicate effectively or when one parent can’t prioritize the child’s interests over their own. Courts also consider this arrangement when there’s been family violence or when one parent has demonstrated poor judgment regarding the child’s welfare.
The other parent doesn’t lose their relationship with the child. They can still have significant parenting time, but they won’t be making decisions about school, healthcare, or other major issues.
Joint Decision-Making Responsibility
Both parents share the right and duty to make important decisions about their child together. This requires effective communication and cooperation between parents because you both need to agree on major decisions.
Joint decision-making works best when parents can put their differences aside and focus on their child’s needs. You’ll need to discuss and agree on things like which school your child attends, medical treatments, extracurricular activities, and religious upbringing.
Courts favour joint decision-making when parents demonstrate they can work together, even if they don’t get along personally. The key is showing you can communicate about your child’s needs without letting your conflicts interfere.
Shared Decision-Making Responsibility
This is a variation where both parents share responsibility, but specific areas might be allocated to each parent. For example, one parent might handle healthcare decisions while the other manages education choices.
This arrangement works when parents have different strengths or when certain decisions logically fall to one parent due to circumstances like location or professional background.
Types of Parenting Time Arrangements
Parenting time describes when your child lives with each parent and who’s responsible for their daily care during those periods.
Primary Residence with Parenting Time
One parent has the child most of the time (primary residence), while the other parent has scheduled parenting time. The new terminology emphasizes that both parents are actively parenting during their time with the child.
The parent with primary residence handles most daily decisions and routines. The other parent has parenting time according to a schedule that works for the child’s needs and both parents’ circumstances.
Shared Parenting Time
Both parents have the child for significant periods, typically at least 40% of the time each. This means your child splits their time roughly equally between both homes.
Shared parenting time doesn’t automatically mean shared decision-making responsibility. You could have shared parenting time with one parent having sole decision-making responsibility, or you could have both shared parenting time and joint decision-making responsibility.
This arrangement works best when parents live reasonably close to each other and can coordinate schedules effectively. It requires significant cooperation and communication to manage the logistics.
Split Parenting Time
This is rare and typically only applies when there are multiple children. Each parent has primary residence with different children. For example, one parent might have the older child while the other has the younger child.
Courts generally prefer to keep siblings together unless there are compelling reasons to separate them, such as very different needs or strong preferences from mature children.
What Courts Consider in Parenting Agreements
The only thing that matters in Ontario family law is your child’s best interests. Courts focus on what’s best for your child rather than what seems “fair” to parents.
Primary Factors Courts Examine
Courts look at your child’s physical, emotional, and psychological needs based on their age and development stage. A toddler has different needs than a teenager, and arrangements should reflect these differences.
They consider your child’s views and preferences if they’re old enough to express them meaningfully. However, children don’t get to choose their parenting arrangements—courts consider their input as one factor among many.
The emotional bonds between your child and each parent matter significantly. Courts examine who has been the primary caregiver and which parent has been most involved in daily care, school activities, and emotional support.
Parental Capacity and Willingness
Courts assess each parent’s ability to provide for the child’s needs, including basic necessities, emotional support, and guidance. They look at your living situation, financial stability, and ability to create a safe, nurturing environment.
Your willingness to facilitate your child’s relationship with the other parent is crucial. Courts strongly favour parents who encourage their child’s relationship with the other parent, even when they’re in conflict.
Past conduct matters if it’s relevant to parenting ability. Courts consider any history of family violence, substance abuse, or other behaviour that might affect your child’s safety or wellbeing.
Stability and Continuity
Courts prefer arrangements that provide stability and continuity for children. If your child has been living primarily with one parent and thriving, courts are reluctant to disrupt that arrangement without compelling reasons.
The length of time your child has lived in a stable environment weighs heavily in decisions. Courts want to minimize disruption to your child’s routine, school, and social connections.
Family Violence Considerations
Ontario law takes family violence seriously when making parenting decisions. Family violence includes physical violence, coercive control, stalking, financial abuse, and threats of harm.
Courts must consider the impact of family violence on your child, even if the violence wasn’t directed at them. Witnessing violence between parents can significantly affect children’s emotional and psychological development.
Frequently Asked Questions
What’s the difference between joint custody and shared custody?
Ontario no longer uses “custody” terminology. What people called “joint custody” is now “joint decision-making responsibility”—both parents make major decisions together. “Shared custody” referred to parenting time arrangements where each parent had the child at least 40% of the time. These are separate concepts: you can have joint decision-making with one parent having primary parenting time, or shared parenting time with one parent making all decisions.
How do courts decide on parenting arrangements?
Courts only consider your child’s best interests. They look at your child’s needs, the emotional bonds with each parent, each parent’s ability to provide care, stability of living arrangements, and your willingness to facilitate your child’s relationship with the other parent. Your preferences as parents don’t matter—only what’s best for your child.
Can parenting arrangements be changed later?
Yes, but courts require evidence of a material change in circumstances that affects your child’s best interests. Simply wanting more time with your child isn’t enough—you need to show that changing the arrangement would benefit your child. Courts are reluctant to disrupt stable arrangements unless there’s a compelling reason.
What if my ex won’t follow the parenting schedule?
Parenting orders are legally binding court orders. If your ex isn’t following the schedule, you can return to court for enforcement. Document every violation and keep records of how it affects your child. Courts take violations of parenting orders seriously and can impose penalties including make-up time, fines, or even jail time in extreme cases.
How does shared parenting time affect child support?
When each parent has the child at least 40% of the time, different child support calculations apply. Instead of the standard table amount, courts use a “set-off” approach where both parents calculate what they would owe, then the higher earner pays the difference. This arrangement can significantly affect support obligations and requires careful calculation.
Focus on Your Child’s Best Interests
The shift from “custody” to “parenting time” and “decision-making responsibility” reflects a fundamental change in how Ontario approaches family law. The focus is entirely on what’s best for your child, putting children’s needs ahead of parental preferences. These changes encourage parents to work together and think about their child’s needs rather than fighting over territorial rights. The terminology emphasizes that both parents continue to be parents even after separation, with active roles in their child’s life.
Understanding these concepts helps you approach parenting discussions more constructively. Instead of fighting over who gets “custody,” you can focus on creating arrangements that serve your child’s specific needs and circumstances. Courts strongly encourage parents to resolve parenting disputes outside of court through mediation, arbitration, or collaborative processes. These approaches often lead to better outcomes for families and help preserve relationships that are important for your child’s wellbeing.
At Alves Law, we understand that parenting arrangements focus on your child’s future and long-term wellbeing. Our family law team helps parents create arrangements that prioritize children’s needs while protecting parental relationships. We recognize that every family situation is unique and requires individualized approaches.
Whether you’re negotiating initial parenting arrangements or seeking modifications to existing orders, understanding the legal framework helps you make informed decisions. The terminology changes reflect a child-centered approach that benefits entire families. Our team provides guidance on all aspects of parenting arrangements, from decision-making responsibility to parenting time schedules. We also handle related matters including child support calculations and modifications that may be affected by parenting arrangements.
When disputes arise, we can help you navigate family law litigation while keeping your child’s best interests at the center of all decisions. Our goal is to help you create sustainable arrangements that work for your family’s specific circumstances.
Contact Alves Law today to discuss your parenting arrangement needs. We’ll help you understand your options and work toward solutions that put your child’s best interests first while protecting your parental relationship.
Check out our resources page for more tools you may be able to use: https://www.alveslaw.ca/resources/
