Formerly called “access”, parenting time means where the child(ren) will live, and how often they will spend time with each parent.
After a separation children either live with one parent or split their time between both parents equally. To determine the living arrangements, Ontario Courts consider “the best interest of the child(ren).” Parenting arrangements help ensure that the child(ren)’s health and safety are put first.
When both parents don’t get along…
When parents cannot agree on parenting time, the court may issue a temporary order to resolve disputes until a final decision is reached. The only goal of this order is to provide stability to the children.
In some cases, courts may appoint ‘supervised parenting time’. This lets children maintain a relationship with the other parent, while being protected. It usually happens in a neutral location and usually, with a social worker present.
What to include in a parenting time plan:
- Detailed parenting schedule
- Holiday and vacation schedules
- Pick-up and drop-off arrangements
- Communication guidelines
- Decision-making responsibilities
- Protocol for unforeseen changes
- Rules around introducing new partners
- Guidelines for attending events
- Agreements on travel restrictions
- Health and medical care decisions and arrangements
- Extracurricular activity participation
- Plan for resolving disagreements
A parent has the right to parenting time, unless the court determines it is not in the child(ren)’s best interest. Only parents can apply for parenting time. Non-parents need to apply for a contact order.
Can I amend a parenting time agreement?
Yes, you can amend a parenting time agreement. If the agreement is already part of a court order, you will need to file Form 15: Motion to change with the court along with a detailed explanation. If both parents are on agreeable terms, they can make changes outside the court.
Can parenting time be changed without going to court?
Yes, but only if both parents agree. You can update your parenting schedule informally, but it’s safer to make it official by filing the changes with the court. If there’s conflict or one parent refuses, then a court motion is usually required. Judges will only approve changes that support the child’s best interests.
How do Ontario judges decide what parenting schedule is best for young kids?
Judges look at several factors, including the child’s age, daily routines, emotional needs, and how well the parents communicate. For younger children, consistency and short gaps between visits matter more. The court avoids long separations from either parent if possible and often prefers frequent contact over week-on, week-off schedules in early years.
Can a parent’s new partner be present during visits?
Yes, unless the court has placed restrictions. Most parenting plans allow each parent to decide who the child interacts with during their time. However, if the new partner poses a risk or creates emotional tension for the child, the other parent can ask the court to step in. Supervised visits may be ordered in rare cases.
At what age can kids decide where they want to live?
There’s no fixed age in Ontario where a child can choose, but judges start giving more weight to a child’s opinion around age 12. That said, the final decision is always based on the child’s best interests. Courts will consider the child’s maturity, reasons for the preference, and whether the choice was influenced.
How does parenting time work when there’s a history of abuse?
If a parent has a history of abuse, the court may limit their parenting time or require supervision. Ontario judges take these cases seriously and rely on past records, police reports, and expert assessments. This protects the child’s safety while still allowing contact when appropriate. In some cases, parenting time may be denied altogether.
Can siblings live with different parents after separation?
Yes, but courts don’t take this lightly. Judges usually try to keep siblings together unless it clearly benefits the children to live apart. This might happen if siblings have a large age gap, different needs, or a strained relationship. Each child’s situation is reviewed separately, even if they are part of the same family.
If you have any questions about parenting time, our family lawyers at Shuter Law are here to assist you. Please reach out for a free consultation.