Understanding Parenting Time After Separation in Ontario

When parents separate, one of the most pressing — and often most emotional — questions is how time with the children will be shared going forward. Ontario and federal family law both provide a framework for this, but the terminology and the process can be confusing, especially if you last looked into this before 2021. This post explains, in plain terms, what "parenting time" means under current Ontario and federal law, how it's decided, and what to expect if you're just beginning to navigate separation.

This post is intended as general legal information only. It is not legal advice, and it does not create a lawyer-client relationship. Every family's circumstances are different — if you are separating or facing a parenting dispute, you should speak with a family law lawyer about your specific situation.

"Custody and Access" Are No Longer the Legal Terms

For decades, Canadian family law used the terms "custody" and "access" to describe parenting arrangements after separation. As of March 1, 2021, that changed. Amendments to the federal Divorce Act replaced "custody" and "access" with "decision-making responsibility" and "parenting time." Ontario followed suit shortly after, amending the Children's Law Reform Act (CLRA) to use the same terminology for separating parents who are not married to each other, or who are not seeking a divorce.

This wasn't just a cosmetic change. Legislators wanted to move family law away from language that framed children as something to be "won" or "possessed," and toward language that reflects both parents' ongoing roles and responsibilities. Which act applies to your situation depends on your circumstances:

If you were married and are divorcing (or have divorced), the Divorce Act governs parenting arrangements.
If you were never married, or are separating but not divorcing, Ontario's Children's Law Reform Act governs.

In practice, the two frameworks now largely mirror each other on parenting time and decision-making responsibility.

What "Parenting Time" Actually Means

Parenting time refers to the periods when a child is in a parent's care — whether or not the parent is physically with the child every moment of that time (for example, while the child is at school or daycare). During their parenting time, a parent generally has the authority to make day-to-day decisions affecting the child, such as meals, bedtime, and routine activities.

Parenting time is distinct from decision-making responsibility, which refers to authority over significant decisions about a child's well-being — matters like health care, education, religious upbringing, and major extracurricular commitments. Parents can share decision-making responsibility jointly, split it by subject area (for example, one parent decides on schooling, the other on health care), or one parent may hold it solely, depending on what the court or the parents themselves determine is appropriate.

It's a common misconception that equal parenting time automatically means shared decision-making, or vice versa — they are legally separate concepts, and a parenting plan or court order can combine them in different ways depending on the family's circumstances.

How Parenting Time Is Decided

Whether parents reach an agreement themselves or a judge ultimately decides, the governing legal standard is the same: the best interests of the child. Under section 16 of the Divorce Act and section 24 of Ontario's Children's Law Reform Act, this is the only test that matters — not what is most convenient or fair to either parent, but what serves the child.

Both statutes direct courts to consider a non-exhaustive list of factors, including (among others):

The child's physical, emotional, and psychological safety, security, and well-being.
The nature and strength of the child's relationships with each parent, siblings, and other important people in their life.
Each parent's willingness to support the child's relationship with the other parent.
The child's own views and preferences, given appropriate weight based on their age and maturity.
The child's cultural, linguistic, religious, and spiritual upbringing and heritage, including Indigenous upbringing and heritage where applicable.
Any history of family violence and its impact on the child's safety and well-being.
Each parent's ability to care for and meet the child's needs.

There is no legal presumption in favour of equal (50/50) parenting time, and no presumption that any particular arrangement is automatically "best." Every case turns on its own facts.

Parenting Plans and Options for Resolving Disputes

Many separating parents are able to work out a parenting schedule without going to court, often with the help of negotiation between lawyers, mediation, or a collaborative family law process. A well-drafted parenting plan typically addresses:

The regular weekly or biweekly schedule, including school days and weekends.
Holidays, school breaks, and special occasions.
How decisions will be made and how disagreements will be resolved.
Communication expectations between households.
A process for reviewing or adjusting the plan as children get older.

Where parents cannot agree, either parent can ask the court to make a parenting order. Ontario courts strongly encourage — and in many cases require — parents to attempt mediation or other dispute resolution before proceeding to a contested hearing, except in urgent situations such as those involving safety concerns.

A Few Practical Notes

Parenting time and decision-making responsibility are not fixed forever. As circumstances change — a child's needs evolve, a parent relocates, or the existing arrangement is no longer working — either parent can seek to vary an existing order or agreement, generally by showing a material change in circumstances.

It's also worth noting that parenting time and child support are legally distinct issues. A parent's support obligations do not depend on how much parenting time they exercise below a certain threshold, and parenting time is not a bargaining chip for support, or vice versa. Conflating the two is a common — and legally risky — mistake.

Speak With a Family Law Lawyer About Your Situation

This post covers the general legal framework, but every family's situation is different, and the right approach depends heavily on your specific facts. If you are separating and have questions about parenting time, decision-making responsibility, or your options going forward, we encourage you to consult with a qualified family law lawyer before making decisions or agreements about your children.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create a lawyer-client relationship with Alvim Law. Family law is fact-specific, and outcomes vary based on individual circumstances. No guarantee is made or implied regarding the outcome of any legal matter. For advice about your specific situation, please consult a licensed family law lawyer.