Parenting Order FAQ
What is child custody and access in Ontario?
Custody and access are no longer terms used in the family justice system in Ontario. These terms were confusing and outdated. The Ontario Family Law Act, Children's Law Reform Act, and the Federal Divorce Act now use the terms decision-making responsibility and parenting time.
Decision-making responsibility - refers to who can make decisions for a child. Decisions can be made by one parent, more than one parent, or each parent may be able to make different types of decisions for a child.
Parenting time - refers to who has specific time with a child. A child may primarily reside with one parent and have parenting time with another, or children may follow a shared parenting schedule.
It is important to use the correct terminology when asking the court for a parenting order or drafting a parenting agreement.
If we were never married, do I still need a parenting order in Ontario?
The answer to this question depends on your end goal. If you are seeking to formalize your ability to make decisions for the child, travel outside of Canada, move to another area, apply for a passport, or obtain child support, you may need a formal parenting order or agreement. A lawyer will be able to provide you with legal advice that applies to your specific situation.
How are parenting orders determined in Ontario?
Child-related matters are always determined by evaluating the best interests of the child. This means that the court is only focused on what is best for your child. In deciding what is best for your child, the court will consider many factors, including the following:
the child's current needs;
the nature and strength of the child's relationship with each parent and siblings;
each parent's willingness to support the child's relationship with the other parent;
the child's views and preferences;
the child's cultural, linguistic, and religious upbringing;
plans for the child's care;
family violence that impacts the child and the other parent; and
other other factors relevant to the child's safety and security.
Contact a Family Lawyer in Ontario Today
If you need help with a family law situation that involves a child, contact Aspire Family Law. Our Ontario family law team will advise you of your options and guide you through the process. Contact us online or at 613-406-4246 to schedule a Strategic Planning Session.