Best Interests of the Child in Ontario
Key Takeaways
- Best interests of the child is the legal test Ontario courts use to decide parenting issues.
- Courts focus on the child’s safety, stability, and well-being, not what either parent “deserves.”
- A clear parenting plan and consistent routines can strongly support a parent’s position.
- The goal is to encourage healthy relationships, when safe, and reduce conflict around the child.
What Does “Best Interests of the Child” Mean in Ontario?
In Ontario family law, the phrase “best interests of the child” is the legal standard the court uses when making decisions about children after separation. In simple terms, it means the judge will make parenting orders based on what will best support the child’s overall health, safety, emotional well-being, and long-term development.
A child-focused test (not a parent-focused one)
The best interests test is not about fairness between adults. It is not about punishing one parent or giving the other parent a “win.” Instead, the court’s job is to choose the parenting arrangement that best protects the child’s:
- Physical safety
- Emotional security
- Stability and consistency
- Healthy development
- Daily needs and routines
- Ability to maintain positive relationships, when appropriate
The court looks at real-life parenting, not promises
When judges apply the best interests test, they focus heavily on the child’s lived reality. In other words, courts want to know what a parent has actually been doing, not just what they plan to do in the future.
Parents often say things like:
- “I’ll become more involved now.”
- “I’ll change my schedule.”
- “I’ll move closer to the child’s school.”
Those things can matter, but courts usually give more weight to:
- the routines already in place
- who has been handling school, bedtime, and meals
- how the child is coping
- how stable the home environment has been
A judge is looking for a plan that is practical, consistent, and centred on the child’s needs.
What Parenting Issues Does the “Best Interests” Test Apply To?
1) Decision-making responsibility
Decision-making responsibility refers to who has the legal authority to make important decisions for the child, such as decisions about:
- Education (school choice, tutoring, special programs)
- Medical care (treatment, therapy, appointments)
- Religion and culture (where relevant)
- Extracurricular activities (when significant)
Sometimes decision-making responsibility is shared, and sometimes it is primarily held by one parent. The court will look at which option supports the child’s stability and well-being, and which arrangement will reduce conflict.
2) Parenting time
Parenting time refers to when the child is in each parent’s care. This includes everyday life, like:
- mornings and bedtime routines
- meals and homework
- driving to school or activities
- weekend time
- holidays and special occasions
A common misunderstanding is that parenting time must always be “equal” to be fair. Ontario courts are not required to automatically give a 50/50 arrangement. The goal is not equal time for adults. The goal is a schedule that supports the child’s:
- routine
- school stability
- emotional comfort
- safety
- ability to maintain strong relationships
3) Parenting plans
A parenting plan is a written plan that explains how parents will handle parenting time, decision-making, communication, and day-to-day responsibilities.
Ontario courts strongly prefer when parents can create a parenting plan that is:
- detailed
- realistic
- child-focused
- consistent with the child’s existing routine
A strong parenting plan often includes:
- weekday and weekend schedules
- holiday and vacation schedules
- pick-up and drop-off details
- rules around communication
- how disagreements will be handled
- how parents will share information (school updates, medical info)
4) Mobility and relocation disputes
A “mobility” case is when one parent wants to move far enough that it would meaningfully impact the parenting schedule. This can include:
- moving to another city in Ontario
- moving to another province
- moving out of Canada
Common issues the court considers include:
- the reason for the move (work, family support, safety)
- how the move would affect the child’s relationship with the other parent
- whether the moving parent has a realistic plan for continued contact
- school and community stability
- the child’s age and needs
The Main Factors Courts Consider in Best Interests Decisions
When people hear “best interests of the child,” it can sound vague or subjective. But in real Ontario parenting cases, courts rely on practical factors that help a judge answer one main question:
What parenting arrangement will give this child the safest, most stable, and healthiest life moving forward?
Below is a clear breakdown of what Ontario courts actually look at when deciding parenting time, decision-making responsibility, and parenting plans.
- A) The Child’s Needs and Developmental Stage
Courts do not treat every child the same, because a parenting plan that works for a teenager may be completely inappropriate for a toddler.
Judges consider the child’s age, maturity, and developmental needs, including:
- Age and maturity
A younger child may need shorter, more frequent parenting time to maintain consistency and attachment. An older child may handle longer blocks of time and more flexible schedules. - Routine needs (sleep, school, daily structure)
Courts pay close attention to the child’s day-to-day stability, such as:- bedtime routines
- school attendance and punctuality
- homework support
- meal routines
- consistent supervision
- Emotional and social development
The court considers what supports the child’s emotional growth, including:- friendships and community connections
- involvement in sports or activities
- the child’s temperament and stress levels
- transitions between homes and how the child handles them
Key idea: A strong parenting plan reflects the child’s real life, not just what the parents prefer.
- B) The Child’s Relationship With Each Parent
Courts look at the quality and history of the child’s relationship with both parents, not just what has happened recently after separation.
This includes:
- Involvement history
Judges often ask: Who has consistently shown up for the child over time?
This can include:- school drop-offs and pick-ups
- doctor and dentist visits
- parent-teacher meetings
- helping with homework and routines
- Bond and attachment
Courts consider where the child feels safest and most emotionally secure. This is not about “favourites.” It is about attachment, stability, and comfort. - Caregiving roles (who handled daily needs)
The court may look at who has historically taken the lead on daily responsibilities like:- bathing and bedtime
- packing lunches
- managing schedules
- handling emotional meltdowns
- staying home when the child is sick
Key idea: Courts want parenting time to reflect the child’s real attachments and needs, especially during major life change.
- C) Stability and Consistency
In Ontario family court, stability is a major factor. Judges generally avoid arrangements that create chaos or constant disruption for children.
Courts often consider:
- Stable housing
The question is not who has the “nicer” home. It is whether the home environment is:- safe
- suitable for the child
- consistent and predictable
- Stable school environment
School stability matters because it affects:- learning
- friendships
- special education supports (if needed)
- emotional security
If a proposed parenting arrangement disrupts school success or creates regular late arrivals, it may be viewed as a concern.
- Ability to maintain routines
Courts strongly value parents who can maintain:- consistent bedtime and wake-up times
- school routines
- homework support
- healthy daily structure
- Minimizing disruption
Judges consider whether the plan reduces stress on the child, including:- fewer unnecessary transitions
- realistic travel time between homes
- predictable weeks and weekends
Key idea: Courts prefer parenting plans that feel stable, practical, and sustainable.
- D) Ability to Meet the Child’s Needs
Ontario courts also look at whether each parent can meet the child’s day-to-day needs consistently not in theory, but in real life.
This includes:
- Practical parenting skills
Courts may consider whether a parent can handle:- discipline and supervision
- routines and structure
- age-appropriate care
- emotional regulation and support
- Willingness to support education and health
Judges look for parents who take schooling and medical care seriously, including:- attending appointments
- following treatment recommendations
- supporting school success
- staying engaged with teachers and programs
- Ability to provide consistent care
Consistency often includes:- reliable transportation
- stable work schedules (or child care plans)
- dependable caregiving without constant last-minute changes
Key idea: Courts often favour the parent who has a reliable plan and follows through.
- E) Family Violence and Safety Concerns
Safety is not just one factor among many. In parenting cases, child safety and protection are top priorities.
Ontario courts take family violence seriously because it can affect a child even when the child is not directly harmed.
Courts consider:
- Safety and protection come first
If there are serious safety concerns, the court may focus heavily on:- preventing harm
- reducing fear and intimidation
- protecting the child’s emotional well-being
- Impact of conflict on the child
A child can be harmed by:- constant arguing
- threats
- manipulation
- high-conflict exchanges at pick-ups and drop-offs
Even without physical violence, intense conflict can affect a child’s mental health, sleep, behaviour, and school performance.
- Controlling behaviour and intimidation
Family violence is not only physical. Courts may consider patterns like:- intimidation
- coercive control
- harassment
- monitoring behaviour
- repeated threats
- When supervised parenting time may be ordered
In some cases, parenting time may be restricted or supervised if there are concerns about:- safety risks
- unpredictable behaviour
- substance misuse concerns tied to parenting risk
- risk of harm to the child or the other parent
Supervised parenting time can be used to allow contact while still protecting the child.
Key idea: The court’s goal is not to “punish” a parent it is to protect the child and reduce risk.
- F) Willingness to Support the Child’s Relationship With the Other Parent
Ontario courts generally believe that children benefit from healthy relationships with both parents when it is safe to do so.
This means courts often look at whether each parent supports the child’s relationship with the other parent by doing things such as:
- Encouraging contact and cooperation (when safe)
A parent who blocks access or refuses reasonable contact without a valid safety reason may be seen as acting against the child’s best interests. - Not speaking negatively about the other parent
Courts take a very negative view of behaviour like:- insulting the other parent in front of the child
- blaming the other parent for separation
- encouraging the child to reject the other parent
This puts the child in the middle and creates long-term emotional stress.
- Not using the child as a messenger
Judges expect parents to communicate directly with each other (or through proper tools) instead of using the child to pass messages like:- “Tell your dad he’s late again.”
- “Tell your mom she has to pay for this.”
Children should not be placed in a conflict role.
Key idea: Courts prefer the parent who protects the child from adult conflict and supports healthy parenting relationships.
FAQs
What does “best interests of the child” mean in Ontario family law?
In Ontario family law, “best interests of the child” means the court makes parenting decisions based on what most supports the child’s overall well-being. This includes the child’s safety, emotional health, daily stability, and long-term development.
Does the child get to choose which parent to live with in Ontario?
Not automatically. In Ontario, children do not get to simply “pick” one parent as soon as a certain age is reached.
Does the court prefer 50/50 parenting time in Ontario?
Not always. While shared parenting time can work well for many families, Ontario courts do not automatically treat 50/50 as the default solution.
Can a parent lose parenting time if there is conflict or safety concerns?
Yes. If there are serious conflict or safety concerns, the court may restrict parenting time to protect the child.