Category: Child Support in Ontario
How Courts Address a Child’s Refusal to Visit One Parent in Ontario
Does a Child Get to Decide?
- a) No Fixed Age Rule
In Ontario, there is no specific age at which a child can simply decide to refuse visits with a parent. Neither the Divorce Act nor the Children’s Law Reform Act sets a fixed age of choice. Even teenagers are not given automatic authority to override a court order. Parenting arrangements remain legally binding unless varied by the court.
- b) Weight Given to the Child’s Views
While there is no age threshold, courts do consider a child’s views and preferences. The weight given depends on the child’s maturity, reasoning, and ability to understand the consequences of their choice. Older, more mature teenagers who can articulate consistent, well-reasoned concerns are typically given greater consideration than younger children expressing temporary frustration.
- c) Child’s Views and Preferences Reports
Courts may order a “Views of the Child” report prepared by a trained professional, such as a social worker or psychologist. This ensures the child’s perspective is conveyed neutrally and without parental influence.
Understanding the Reasons Behind Refusal
- a) Common Causes
A child’s refusal may stem from loyalty conflicts, where they feel pressure to “choose sides.” In some cases, allegations of parental alienation arise, suggesting one parent may be influencing the child’s views. Fear or anxiety can also play a role, particularly if the child has been exposed to ongoing conflict between the parents. Sometimes, the refusal reflects emotional stress rather than a genuine rejection of the parent.
- b) Distinguishing Between Genuine Safety Concerns and Influence
Courts carefully assess whether the child’s concerns relate to legitimate safety issues or whether they may be the result of external influence. Allegations of abuse or neglect are taken seriously and require proper investigation.
- c) Importance of Evidence
Judges rely on objective evidence, including school records, counselling reports, and testimony, to determine the child’s true circumstances and best interests.
The Role of Parental Alienation Allegations
- a) What Is Parental Alienation?
Parental alienation refers to situations where one parent, intentionally or unintentionally, undermines the child’s relationship with the other parent. This may involve negative comments, limiting communication, or creating an atmosphere where the child feels disloyal for maintaining a relationship with the other parent. Over time, this can influence a child’s refusal to attend parenting time.
- b) Judicial Approach
Ontario courts treat allegations of alienation seriously because a child’s meaningful relationship with both parents is generally considered beneficial. Judges will carefully review evidence before making findings, as alienation claims can be complex and fact-specific.
- c) Remedies
Where alienation is established, courts may order counselling, reunification therapy, or modify parenting arrangements to restore and protect the parent-child relationship.
When Safety Concerns Are Raised
- a) Allegations of Abuse or Neglect
When a child refuses parenting time due to alleged abuse or neglect, Ontario courts treat the matter with urgency. Under both the Divorce Act and the Children’s Law Reform Act, a child’s physical and emotional safety is paramount. Judges will not compel parenting time if there is credible evidence that doing so would place the child at risk.
- b) Supervised Parenting Time
If concerns are raised but not yet fully proven, courts may order supervised parenting time. This can be temporary while investigations proceed or, in some cases, longer-term if ongoing safety risks are identified.
- c) Involvement of the Office of the Children’s Lawyer (OCL)
The Office of the Children’s Lawyer may become involved to investigate, represent the child’s interests, and provide recommendations to the court.
Enforcement of Parenting Orders
- a) Court-Ordered Parenting Time
Parenting time set out in a court order is a binding legal obligation. Under the Divorce Act and Ontario’s Children’s Law Reform Act, both parents are expected to comply with the terms unless and until the order is formally changed by the court.
- b) If a Parent Fails to Facilitate Visits
If one parent does not meaningfully encourage or facilitate visits, the other parent may bring a motion for enforcement. Remedies can include make-up parenting time, costs, or, in more serious cases, a contempt motion for breach of a court order.
- c) Limits of Enforcement
However, courts do not physically force children to attend visits. Instead, judges often favour gradual, therapeutic solutions aimed at rebuilding the relationship rather than escalating conflict.
The Child’s Age and Level of Maturity
- a) Younger Children
With younger children, Ontario courts are generally more inclined to enforce parenting time. Judges recognize that children under a certain age may be more easily influenced and less able to fully understand the long-term importance of maintaining a relationship with both parents.
- b) Teenagers
With older teenagers, practical enforcement becomes more complicated. Courts acknowledge that physically compelling a resistant adolescent to attend visits is rarely realistic or beneficial.
- c) Balancing Autonomy and Best Interests
Ultimately, courts strive to balance a young person’s growing autonomy with the overarching legal principle of the child’s best interests.
Professional Assessments and Expert Involvement
- a) Section 30 Assessments
Under section 30 of Ontario’s Children’s Law Reform Act, a court may order a professional assessment of parenting capacity and the child’s needs. These comprehensive evaluations are typically conducted by psychologists, psychiatrists, or social workers and can include interviews, observations, and collateral information.
- b) Voice of the Child Reports
As a less intrusive and more focused option, courts may order a Voice of the Child report. This process centres on conveying the child’s views without conducting a full parenting assessment.
- c) Counselling and Therapeutic Intervention
Courts may also recommend or order counselling, reunification therapy, or other therapeutic supports aimed at strengthening family relationships and addressing the causes of the child’s resistance.
Practical Steps for Parents Facing Refusal
- a) Avoid Blame and Escalation
When a child resists parenting time, it is critical to avoid blame, criticism, or escalating conflict. Maintain calm, respectful communication with the other parent and avoid placing the child in the middle of adult disputes.
- b) Document Concerns
Keep detailed, objective records of missed visits, communications, and any concerns raised by the child. Accurate documentation can be important if court intervention becomes necessary.
- c) Seek Legal Advice Early
Consulting a family lawyer early allows you to assess whether a variation motion is appropriate or whether mediation may help resolve issues before they intensify.
- d) Focus on the Child’s Emotional Needs
Above all, prioritize the child’s emotional well-being and stability while working toward constructive solutions.
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.
50/50 Parenting Time in Ontario
Key Takeaways
- 50/50 parenting time means a child spends roughly equal time with each parent after separation.
- Shared parenting works best when children have stable routines, consistent rules, and low conflict between parents.
- A clear parenting plan helps prevent misunderstandings about schedules, holidays, and decision-making.
- Child support may still apply in shared parenting, depending on each parent’s income and expenses.
What Does 50/50 Parenting Time Mean in Ontario?
When parents separate, one of the biggest questions is often: How will we share time with the kids? In Ontario, many families aim for 50/50 parenting time because it can help children maintain strong relationships with both parents.
Equal or Near-Equal Time with Each Parent
In simple terms, 50/50 parenting time means the child spends about half of their time with one parent and half with the other.
It does not have to be perfectly split down to the hour. The key idea is that parenting time is roughly equal overall. For example, one parent may have the child one extra night every two weeks, but the schedule still functions as shared parenting.
In Ontario, you may also hear this called:
- Shared parenting
- Equal parenting time
- Shared custody (an older term people still use casually)
Even though people still say “custody,” Ontario family law now focuses more on parenting time and decision-making responsibility instead of using custody language.
50/50 Parenting Time vs Decision-Making Responsibility (Not the Same Thing)
A lot of separated parents think “50/50” means everything is split equally — time, decisions, and authority.
But in Ontario, there is an important difference between:
1) Parenting Time Schedule
Parenting time refers to when the child is physically with each parent.
It covers practical scheduling details like:
- what days the child stays with each parent
- who is responsible for drop-offs and pick-ups
- where exchanges happen
- what happens when a child is sick
- who has the child during school breaks and holidays
This is the “calendar” side of parenting.
2) Decision-Making Responsibility
Decision-making responsibility refers to who makes major decisions about the child’s life, such as decisions involving:
- education (school choices, tutoring, special supports)
- medical care (treatment plans, therapy, major health decisions)
- religion (if relevant)
- important cultural or lifestyle decisions
This is the “legal authority” side of parenting.
A family can have 50/50 parenting time while still having different decision-making arrangements, such as:
- shared decision-making (parents decide together)
- one parent having decision-making responsibility (in specific areas, or overall)
So a parent can spend equal time with the child but not be the one making every major decision alone. On the other hand, a parent could have major decision-making responsibilities even if parenting time is not perfectly equal.
Common 50/50 Parenting Schedules in Ontario
A) Week-On / Week-Off
A week-on/week-off schedule means the child spends one full week with Parent A, then one full week with Parent B, repeating every two weeks.
This schedule is often the simplest to understand because the child has one “home base” for a full week at a time.
Best for older children
This structure usually works better for school-aged kids and teenagers, especially when they can handle being away from one parent for a longer stretch without feeling unsettled.
Pros: fewer exchanges
One of the biggest benefits is that there are fewer handoffs, which can mean:
- fewer chances for arguments at pick-up or drop-off
- less stress for the child during transitions
- fewer forgotten items (like school supplies or sports gear)
- less need for constant coordination
Challenges: long time away from the other parent
The downside is that seven days can feel long, especially for younger kids or kids who are very attached to daily contact.
Challenges can include:
- the child missing the other parent mid-week
- feeling like they have two separate lives instead of one consistent routine
- parents struggling with communication during the off-week
- issues with school nights if one parent lives farther away
Many parents using this schedule still build in small supports like mid-week video calls, shared calendars, or flexible communication to help the child feel connected to both homes.
B) 2-2-3 Schedule
A 2-2-3 schedule usually means:
- 2 days with Parent A
- 2 days with Parent B
- 3 days with Parent A
Then the next week flips, so Parent B gets the 3-day stretch.
Over two weeks, it balances out evenly.
Great for younger kids who need frequent contact
This schedule is popular for younger children, because they don’t go very long without seeing either parent. For children who find separation difficult, frequent time with each parent can make the schedule feel more secure.
Easy routine to remember
Many parents like this schedule because it becomes predictable:
- the same “days of the week” tend to stay consistent
- the child learns what days belong to which parent
- it fits well with school and daycare routines
Once it becomes normal, it can feel very structured and stable.
Requires more exchanges and coordination
The biggest downside is that there are more transitions. More handoffs means:
- more planning and communication
- more chances for mix-ups
- more travel time
- more stress if parents struggle with cooperation
This schedule works best when both parents can:
- stay organized
- communicate in a calm, business-like way
- keep exchanges brief and child-focused
If there is high conflict, the child may feel stuck in the middle because exchanges happen so often.
C) 2-2-5-5 Schedule
The 2-2-5-5 schedule is a very common 50/50 arrangement in Ontario, especially for families with children in school.
It usually looks like this:
- Parent A has the child every Monday and Tuesday
- Parent B has the child every Wednesday and Thursday
- Then weekends rotate in 5-day blocks (Friday to Tuesday, then Wednesday to Sunday)
The result is equal time, while keeping some days consistent each week.
Balanced schedule with more consistency
This schedule is often considered one of the most stable forms of shared parenting because:
- each parent gets consistent weekdays
- the child knows where they’ll be on certain days
- routines (homework, bedtime, school prep) are easier to manage
It can feel more “normal” compared to schedules where the child is switching homes constantly.
Often works for school-aged children
Kids in school usually do well with this arrangement because it provides:
- predictable weekday structure
- consistent responsibilities for each parent (like specific school pick-up days)
- fewer disruptions during busy school weeks
It can also help with planning activities, tutoring, and extracurriculars because each parent has set time that repeats.
Reduces mid-week disruption
Compared with the 2-2-3 schedule, the 2-2-5-5 schedule often feels smoother because:
- the child stays in one home for longer stretches
- parents get longer blocks of time
- the child has fewer “back-and-forth” transitions during school nights
It’s a popular option when parents want a true shared schedule but don’t want too many exchanges.
D) Custom 50/50 Schedule
Not every family fits neatly into a standard schedule, and that’s normal. Many parents in Ontario use a custom 50/50 schedule to match real-life needs.
Based on work shifts, travel, or school schedules
Custom schedules often happen when:
- one parent works rotating shifts (health care, security, trades, emergency services)
- one parent travels for work
- parents live in different school zones
- the child has special activities or appointments
- there are multiple children with different routines
The key is that the schedule still adds up to roughly equal parenting time, but in a way that is realistic and child-focused.
Must be written clearly to avoid conflict
Custom schedules can work extremely well, but only if they are written clearly.
Vague parenting schedules cause stress because parents may disagree about:
- who gets a specific weekend
- what time exchanges happen
- what happens on PA days, snow days, or sick days
- what “holiday time” actually means
- whether travel plans override the normal schedule
A strong custom schedule should spell out:
- exact exchange times and locations
- holiday rotations (including long weekends)
- rules for schedule changes
- how missed time is made up
- how parents communicate (text, email, parenting app)
FAQs
Is 50/50 parenting time automatic in Ontario after separation?
No. 50/50 parenting time is not automatic in Ontario after a separation.
What is the best 50/50 parenting schedule for young children?
For younger children, the 2-2-3 schedule is one of the most commonly used 50/50 schedules.
Can one parent deny 50/50 parenting time in Ontario?
One parent can refuse to agree to 50/50, but they cannot simply deny the other parent time without valid reasons and legal support.
Can 50/50 parenting time work if parents don’t get along?
Sometimes, yes. 50/50 can still work even when parents don’t get along, but it usually requires stronger structure.
Parenting Plan in Ontario: Guide for Separated Parents
Key Takeaways
- A parenting plan is a written agreement that outlines how parents will care for their child after separation.
- It can cover parenting time, decision-making responsibility, holidays, school breaks, and communication rules.
- A strong parenting plan reduces conflict, creates stability, and protects the child’s routine.
- Parenting plans can be included in a separation agreement and may support future court orders if needed.
What Is a Parenting Plan in Ontario?
A parenting plan in Ontario is a written plan that explains how separated parents will raise their child going forward. It sets out the day-to-day and long-term rules that help parents share responsibility while keeping the child’s life stable and predictable.
In simple terms, it answers questions like:
- Where will the child live during the week?
- How will weekends be handled?
- Who makes important decisions about school or medical care?
- What happens on holidays, birthdays, and school breaks?
- How will parents communicate and share updates?
The goal is not to “win” or control the other parent. The goal is to create a plan that works in real life and supports the child’s routine.
A Parenting Plan Is Not Only for “High-Conflict” Situations
Some parents think they only need a parenting plan if they are fighting or going to court. That is not true.
A parenting plan is helpful even for parents who are on good terms, because life changes over time. Work schedules change. Children grow. School needs change. Holidays arrive. New relationships happen.
A written plan helps parents stay organised and avoid future arguments.
In many cases, the best time to create a parenting plan is before conflict grows, not after.
A Parenting Plan Can Support a Court Order If Needed
Many parents want to avoid court, and that makes sense. Court can be expensive, stressful, and slow.
However, even if you do not plan to go to court, having a clear parenting plan can still help protect you and your child’s routine if there is ever a dispute in the future.
A well-written parenting plan may support court applications later by showing:
- what the parents previously agreed to
- what routine the child is used to
- what has worked successfully in the past
- what the parents intended for decision-making and parenting time
What to Include in a Parenting Plan
A) Parenting Schedule (Parenting Time)
Your parenting schedule (also called parenting time) is the foundation of the parenting plan. It sets out when the child is with each parent and how transitions will work. The more specific you are, the fewer arguments happen later.
Weekday routine
This section should clearly state what a normal school week looks like. For example:
- which parent the child stays with on Monday to Friday
- who handles school mornings (wake-up, breakfast, drop-off)
- who picks the child up after school
- how homework routines will be supported
If your child is not in school yet, you can still outline weekday routines based on daycare, naps, and regular daily structure.
Weekends
Weekends often cause confusion if they are not written clearly. Make sure you include:
- which weekends each parent has
- whether weekends alternate (every other weekend) or follow a set pattern
- what time weekend parenting time begins and ends
If the child has activities on weekends (sports, lessons, family events), note how those will be handled.
Drop-off and pick-up times
Time issues are one of the most common sources of conflict. Your plan should list exact pickup and drop-off times, such as:
- “Pickup is Fridays at 5:00 p.m.”
- “Drop-off is Sundays at 6:00 p.m.”
Try to avoid vague terms like “evening” or “after work.” Clear times create clear expectations.
Exchange locations (school, home, neutral place)
Transitions are easier when everyone agrees on where exchanges happen. Common exchange locations include:
- the child’s school or daycare (often the easiest option)
- one parent’s home
- a neutral public location (sometimes preferred if conflict is high)
Many parents use school exchanges because they reduce face-to-face contact and keep transitions smooth for the child.
Handling late arrivals or missed time
This section helps prevent repeated frustration and blame.
Your parenting plan can clarify:
- what counts as “late” (example: more than 15 minutes)
- whether the late parent must notify the other parent
- what happens if a parent does not show up
- whether missed time can be made up later, and how
It’s also helpful to include a calm rule like:
“If a parent will be more than 15 minutes late, they must notify the other parent as soon as possible.”
The goal is not punishment. The goal is protecting the child from stress and uncertainty.
B) Decision-Making Responsibility
Decision-making responsibility is about who has the legal authority to make important choices in the child’s life. This is separate from parenting time.
In a parenting plan, decision-making should be clearly explained so parents don’t argue about “who decides” later.
Who makes major decisions about:
Most plans cover the main decision categories, including:
Education
This includes things like:
- school selection
- special education supports
- tutoring decisions
- major school changes (switching schools or moving districts)
Health care
This includes:
- doctor appointments and treatment decisions
- mental health care
- dental and orthodontic treatment
- medication plans (especially long-term medication)
Religion and culture
This may include:
- religious practices and celebrations
- cultural traditions and events
- agreements about introducing the child to certain beliefs
Extracurricular activities
This includes:
- signing the child up for new activities
- cost sharing (if addressed elsewhere in the plan)
- time commitments that affect the parenting schedule
A good plan explains not only who decides, but also how parents communicate when decisions are needed.
Joint decision-making vs one parent having final say
Some parents agree to joint decision-making, meaning both parents must discuss and agree on major choices.
This works best when:
- communication is respectful
- both parents are reliable
- conflict is manageable
Other parents agree that one parent has final decision-making authority in certain areas (or overall), especially when:
- parents cannot cooperate
- conflict is ongoing
- important decisions are being delayed
Even when one parent has final say, it is still common to require discussion and notice before decisions are made. The goal is still to keep both parents involved in the child’s life.
When a parent must notify the other parent
Your parenting plan should clearly say when notice is required, such as:
- medical appointments (routine or urgent)
- school issues (behaviour, academic concerns, suspensions)
- travel plans
- changes in address, phone number, or emergency contact info
It can also include rules like:
- sharing report cards, school emails, and medical updates
- providing copies of important documents upon request
This keeps both parents informed without constant arguments.
C) Communication Rules Between Parents
Communication can either keep co-parenting stable, or it can turn into daily conflict. That’s why it helps to include communication rules in your parenting plan.
This section is not about controlling each other. It’s about creating boundaries so communication stays child-focused and respectful.
Preferred method: text/email/co-parenting app
Parents can choose what works best, such as:
- email (best for detailed updates)
- text message (best for quick logistics)
- a co-parenting app (helpful for shared calendars and records)
Many parents prefer email or apps because it reduces emotional back-and-forth and keeps conversations organised.
Expected response time
Misunderstandings happen when one parent expects an instant reply and the other parent is busy.
Your plan can include a reasonable standard, such as:
- “Parents will respond within 24 hours for non-urgent matters.”
- “Same-day response is expected for schedule issues involving the next 48 hours.”
This reduces pressure and prevents unnecessary conflict.
Respectful language boundaries
To keep communication productive, include rules like:
- no insults, sarcasm, or threats
- no discussing past relationship issues
- messages must focus on the child and parenting logistics
- no repeated messages or harassment
This protects both parents and helps reduce stress for the child too.
Emergency communication rules
Emergency rules should be clear and simple.
For example:
- emergencies should be handled by phone call, not email
- a parent must notify the other parent as soon as reasonably possible
- if the child is sick, injured, or taken to urgent care, the other parent must be informed right away
This ensures the child’s safety comes first.
D) Child Communication With the Other Parent
Even when the child is staying with one parent, the other parent should usually have reasonable contact. This helps maintain bonding and emotional security, especially for younger children.
A parenting plan can set fair, realistic expectations so calls don’t become stressful or disruptive.
Calls and video calls rules
Include practical details such as:
- which days calls will happen
- what time calls are best (before bedtime, after homework, etc.)
- whether video calls are allowed or preferred
Try to keep the schedule consistent, but not overly strict. The goal is connection, not control.
Reasonable access without interrupting routines
Your plan should protect the child’s normal routine, including:
- school time
- meals
- homework
- bedtime
A child should not feel pulled in different directions or pressured during the other parent’s time.
A fair approach might be:
- “Reasonable communication is allowed as long as it does not interfere with the child’s routine.”
What happens when the child doesn’t want to talk
This is common, especially when the child is tired, emotional, distracted, or adjusting to separation.
Your parenting plan can address this in a calm way, such as:
- the child will not be forced to speak
- the parent who has the child will encourage connection in a supportive way
- the other parent can try again later
- no parent will blame the other if the child refuses
FAQs
Is a parenting plan legally binding in Ontario?
A parenting plan can be legally binding, depending on how it is created and used. A parenting plan is more likely to be legally binding when it is:
- included as part of a separation agreement, or
- made into a court order, or
- referenced in a consent order after parents agree on the terms
In general, the more formal and properly documented the parenting plan is, the easier it is to rely on later if problems arise.
What should be included in a parenting plan in Ontario?
A strong parenting plan in Ontario should be detailed enough to prevent confusion and conflict.
Most parenting plans include:
- parenting schedule (parenting time) including weekdays, weekends, and exchange times
- decision-making responsibility for major issues like education and health care
- holiday and vacation schedules, including summer and school breaks
- communication rules between parents (email, text, co-parenting app, response times)
- child communication rules (calls/video calls with the other parent)
- how disputes will be handled, such as mediation before court when possible
The best parenting plans focus on what works in real life and keep the child’s routine stable.
Can a parenting plan be changed later?
Yes. A parenting plan can be changed later if life circumstances change.
What if the other parent refuses to follow the parenting plan?
A practical approach often includes:
- documenting what happened (missed exchanges, late pickups, refusal to follow rules)
- saving texts/emails related to the issue
- avoiding arguments in front of the child
- trying to resolve the problem through respectful written communication
If the issue continues, many parents consider:
- mediation to fix the problem before it escalates
- legal advice to understand next steps
- seeking a court-based solution if the plan is part of an agreement or court order and the situation is serious
The key is to take the problem seriously, but avoid reacting in a way that creates more conflict for the child.
Can we create a parenting plan without going to court?
Yes. In fact, most parents create a parenting plan without going to court.
Divorce Lawyers & Child Relocation Applications Ontario
Understanding Relocation Applications in Ontario
Relocation applications are some of the most complex and emotionally charged cases in Ontario family law. Under the Divorce Act (for married parents) and the Children’s Law Reform Act (CLRA) (for unmarried parents), relocation is defined as a significant move by one parent that is likely to have a major impact on the child’s relationship with the other parent or key family members. This is not limited to moves across provinces – even a move within Ontario can qualify if it changes parenting time substantially.
Relocation vs. Simple Parenting Schedule Changes
It is important to distinguish between relocation and minor adjustments to parenting schedules. A simple change might involve modifying pick-up times, adding an extra overnight, or adjusting holiday schedules. Relocation, on the other hand, involves a move far enough away that it would require re-evaluating how parenting time, decision-making responsibility, and contact with the other parent will work. For example, moving from Toronto to Ottawa or Windsor may necessitate an entirely new parenting plan due to distance and travel time.
Why a Formal Legal Process is Required
Because relocation directly affects the child’s best interests and potentially limits one parent’s ability to maintain meaningful contact, Ontario law requires a formal process. The parent proposing the move must give at least 60 days’ written notice under the Divorce Act, using the prescribed form, and provide details such as the new address, contact information, and proposed changes to parenting time.
If the other parent objects, they must file a formal objection within 30 days. If no agreement can be reached, the court will hold a hearing where a judge considers factors like:
- The child’s relationship with each parent and extended family.
- The reasons for the move (such as employment, education, or family support).
- The feasibility of maintaining meaningful contact with the other parent.
- Any existing parenting orders or agreements.
Because of these legal requirements, most parents seek guidance from an experienced divorce lawyer in Toronto. A lawyer ensures the notice is properly served, assists with negotiations to avoid trial if possible, and advocates in court if the matter proceeds to a hearing.
Legal Framework for Child Relocation in Ontario
Ontario’s legal approach to relocation applications is grounded in the Divorce Act (for married parents) and the Children’s Law Reform Act (CLRA) (for unmarried or never-married parents). The March 2021 amendments to the Divorce Act introduced a more structured framework for relocation cases, making the process clearer for parents and judges alike.
Key Legislation Governing Relocation
The Divorce Act now specifically defines “relocation” as a move that is likely to have a significant impact on the child’s relationship with the other parent or key caregivers. For parents who were never married, the CLRA governs mobility cases and requires the court to apply the same “best interests of the child” test before authorizing a significant move.
Factors Courts Consider
When a relocation request is contested, Ontario courts focus on what is in the best interests of the child — the guiding principle in all family law matters. Judges will typically evaluate:
- Existing Parenting Relationships: The child’s relationship with each parent, siblings, and extended family.
- Impact on Parenting Time: Whether the relocation would meaningfully reduce the other parent’s ability to spend time with the child.
- Reasons for the Move: Legitimate reasons such as new employment, better schooling, or proximity to family support are weighed.
- Feasibility of New Parenting Arrangements: Whether a realistic plan exists for ongoing contact with the non-moving parent, including travel costs and scheduling.
- Child’s Views and Preferences: Especially for older children, their input may be considered if it is deemed independent and mature.
Notice Requirements and Timelines
Parents proposing relocation must comply with strict notice requirements. Under the Divorce Act, they must provide at least 60 days’ written notice using the government’s prescribed relocation form. This notice must include:
- The proposed date of relocation
- The new address and contact information
- A suggested plan for how parenting time and decision-making will work after the move
The other parent then has 30 days to object in writing. If an objection is filed, the matter may proceed to court for a judge to decide. Failure to follow these notice rules can result in delays, legal costs, or even an order to return the child if the move happens without permission.
How Divorce Lawyers Support Parents in Relocation Cases
Relocation applications require a careful legal strategy, and experienced divorce lawyers play a crucial role in guiding parents through this process. Their expertise ensures that every step — from providing notice to presenting a case in court — is handled properly and in the child’s best interests.
Gathering and Presenting Evidence
A successful relocation application depends on strong, well-organized evidence. Divorce lawyers help parents collect and present:
- Educational Opportunities: Information about the child’s prospective school, academic programs, extracurricular activities, and support services in the new community.
- Community and Family Ties: Details about proximity to extended family, healthcare providers, and social networks that would support the child’s well-being.
- Child’s Unique Needs: Evidence addressing medical, developmental, or emotional needs and how the proposed move would meet them.
- Impact on Parenting Time: Travel plans, cost-sharing proposals, and realistic schedules to maintain the child’s relationship with the other parent.
Preparing Formal Notice and Court Applications
Divorce lawyers also ensure that the mandatory 60-day notice of relocation is properly drafted and served in compliance with the Divorce Act. If the relocation is contested, they prepare detailed court materials such as:
- Affidavits explaining the reasons for the move and the proposed parenting arrangements.
- Financial disclosure to demonstrate the feasibility of travel and ongoing contact.
- Legal arguments citing case law that supports the relocation.
Negotiation and Mediation Support
Whenever possible, lawyers encourage resolution outside of court through negotiation or family mediation. They advocate for parenting arrangements that balance the child’s need for stability with each parent’s ability to maintain a meaningful role.
How Lawyers Help Opposing Parents Respond
Assessing the Impact on Parenting Time
The first step a lawyer takes is to carefully evaluate how the proposed relocation would affect the existing parenting arrangement. This includes:
- Distance and Travel Logistics: Calculating travel time and costs between the current and proposed residences.
- Effect on Parenting Time: Assessing whether the move would reduce weekday or weekend access, limit involvement in school activities, or create challenges for holidays and vacations.
- Child’s Routine and Stability: Considering how a move might disrupt school attendance, friendships, and extracurricular commitments.
Filing a Formal Objection and Presenting Alternatives
Under the Divorce Act, the objecting parent must file a written objection within 30 days of receiving the relocation notice. Divorce lawyers ensure this objection is completed properly and on time. They can also:
- Draft affidavits outlining why the move is not in the child’s best interests.
- Propose alternative parenting schedules, such as increased holiday or summer parenting time, to balance the relocation’s impact if it is approved.
- Request interim orders preventing relocation until the matter is resolved in court.
Timely legal action is critical, as missing the 30-day deadline can make it harder to contest the move.
Advocating for Shared Decision-Making
Even if the court allows relocation, opposing parents have a right to remain involved in key decisions about their child’s upbringing. Lawyers advocate for:
- Joint Decision-Making Responsibility: Ensuring both parents have a say in education, healthcare, and major life decisions.
- Regular Contact: Securing orders for consistent virtual communication, including video calls and messaging.
- Fair Cost-Sharing: Requesting that travel costs for visits be shared equitably between parents.
Practical Tips for Parents Considering Relocation
Parents who prepare thoughtfully — and seek early legal guidance — are in a better position to demonstrate that the move supports the child’s best interests.
Prepare a Comprehensive Parenting Plan
Before filing a relocation notice, take time to create a detailed parenting plan that addresses the practical realities of the move. This should include:
- New Parenting Schedule: Clear proposals for weekday, weekend, and holiday parenting time that accommodate travel distances.
- Travel Arrangements: Details on who will be responsible for transportation, associated costs, and how transitions will work.
- Virtual Contact: A plan for regular phone calls, video chats, or messaging to maintain the child’s relationship with the other parent between visits.
A well-structured plan signals to the court that you have considered the child’s need for ongoing connection with both parents.
Demonstrate Stability, Continuity, and Benefits
Relocation decisions hinge on whether the move is in the child’s best interests. Strengthen your case by providing evidence that the move will improve the child’s quality of life:
- Housing and Community: Secure housing in a safe neighbourhood with access to parks, healthcare, and support networks.
- Education: Show that the new school offers equal or better educational opportunities, extracurricular activities, and supports.
- Employment and Financial Stability: Demonstrate that the relocation improves your ability to provide for the child, such as through stable employment or lower living costs.
Work with Mediators or Collaborative Family Lawyers
Whenever possible, aim to resolve relocation issues without a lengthy court battle. Mediation or collaborative family law can help parents:
- Negotiate a mutually acceptable parenting plan.
- Reduce conflict and protect the child from litigation-related stress.
- Save time and legal costs by avoiding a contested trial.
Does The Court Consider A High Cost Of Living During Child Support?
The court always looks for what amount could be appropriate for the best lifestyle of the children; this has to be based on the supporting parent’s income. Every state has its own guidelines to determine the suitable level of child support. But since child support rules vary according to province or territory, both spouses should get help from family law lawyers, Brampton.
High Cost Of Living And Child Support
If you are a parent paying child support, the court will look at your gross income from all sources. But if your child support is being affected by your high cost of living either due to other children, or other deductibles, the issue can be addressed through the change of circumstance. But, the court can only change child custody orders when they believe the change of circumstances to be just and equitable. Where child support seems to be affected by the high cost of living, judges are prone to deviate from the set guidelines where the paying parent:
- Has exceptionally high or low income
- Have many unreimbursed expenses such as medical expenses
- Have kids with special needs such as disabled children
- He/she is upgrading their professional career and has education expenses
The court will look at many more factors to determine how you high costs of living may affect child support. For instance, you may have taken a loan to buy a leisure car; definitely, the court will not be inclined to lower your child support under such obligations.
What Determines Child Support?
It not uncommon for some parents to lower their income levels to lure the court to decrease child support obligations. In such cases, where a parent may have left employment willfully or is underemployed, the court imputes an income. Where such reasons are unjustifiable, such a parent will have to pay for child support. Typically, the child support amount is based on:
- The income of the parent paying support
- The number of children needing support
If the judge is satisfied that your high cost of living will affect child support, this can be modified. However, the judge must first decide whether such costs affect the support being accorded to the child. And if such cost seems to interfere with how such a parent spends time or communicate with their child, then both parents can agree to modify the terms of child support. Where it’s impossible to agree, then one parent may be forced to file a motion and request the judge for such a change. Again for the modification to take effect, one must prove the change of circumstances.
According to Federal child support guidelines, there is a set of rules and tables used to determine what parents should contribute to their child support. These are set to ensure children can advance their best interest and get the required level of support from both parents. But such tables provide flexibility to special expenses such as exceptionally high income or daycare expenses, among others.
What Do I Need To Know About Child Support In Canada?
The responsibility of raising a child after divorce is one of the major concerns among parents. This is because family law is tricky. Knowing how much support and how long the payments will be made can only be explained professionally by a leading divorce lawyer in Toronto. An experienced lawyer understands the federal Child Support Guidelines (CSG). Thus he/she can give you a standardized framework on how to deal with child support. Continue reading “What Do I Need To Know About Child Support In Canada?”
Preparing a Child Custody Case
Child Custody Case
One of the areas of contention in a divorce as that of child custody. As a result, there are a number of things that a parent can do in order to win a child custody hearing. This article will discuss the necessary documentation that a parent can compile for their child custody case.
When it comes to resolving child custody cases which it is often beneficial for parents to create a record of their interactions between the other parent, the children and themselves. Below is information as to how such documentation can be compiled.
Firstly, it is important to note that you will not need to show up in court with your documents. All court proceedings begin with written submissions to the court that outline your position and state what you are asking the court to order. If you are acting without a divorce lawyer it is a good idea to include copies of any supporting documentation as proof of your arguments when you make your written submissions. This is important because the judge will need to see your paperwork before you get to court. It is likely that the judge will have already reviewed all written submissions in order for him or her to be familiar with the matter.
If the other parent initiates custody proceedings you can assume that he or she has included their own proof when they made their written submissions. It is imperative that you receive a copy of the paperwork that the other parent submitted to the court. Ensure that you read this information carefully and you have a right to respond to the other parent’s submission in writing. By having the other parent’s submissions this is a good guide as to what additional documentation you will require in order to refute his or her submissions. It is imperative that you make copies and submit such proof with your response to the other parent’s submissions.
It is important that both parents keep a diary of all phone calls made between the child and the parent who does not currently have custody. Such phone logs should include when the calls occurred, how long they lasted and how frequent they were. It is also important to take note of the nature of the calls, was it just talking over the phone or were they Skyping. Such records are evidence of continuous contact between the parent and the child that does not have custody. It can also be proof of the lack of regular contact between the child and the other parent. It is important to note that courts do not look favorably on a parent who tries to impede on a child’s relationship with the non-custodial parent. Therefore, as a custodial parent be careful that the non-custodial parent does not use your curtailing the child’s relationship with them as an excuse for not calling often.
It must be noted that a lack of regular phone contact could tell the judge that the non-custodial parent does not have a close relationship with the child.
Divorce: Tips on Conflict and Your Children
Some divorces result in conflict which affects the children involved in the family. Parental conflict in a family may be high where the parents are going through a separation, living separate and apart under the same roof or working through conflict during divorce. This article will discuss some tips to use in respect of conflict that arises during separation and the divorce process.
It is no surprise that while both parents may feel very strongly in respect of the opinion they are expressing during conflict, the emotional health and wellbeing of their children is directly affected.
One of the key factors that comes into play is the type of personalities of the spouses and the norms of the family they grew up in. As a result some spouses may have difficulty holding themselves back from an argument which can result in mudslinging, name-calling and other forms of verbal attacks. While each parent may have a perfectly rational reason for the position that they are defending, the problem is that the parent’s battling it out risks their children being affected by emotional harm that will impact their lives now and in the future.
In order to protect your children when you are in the middle of conflict with your spouse, take the following suggestions into consideration:
- Make a mutual commitment to behavior change – by committing yourself to this each parent is acknowledging the problem is real. Both parents are committing each other to protecting their children. This commitment can be written down as in agreement, providing strategies and it must be dated and signed.
- Get professional advice – in most cases people resist the idea of having family professionals involved and their personal affairs. To some it is seen as a sign of weakness or mental health issues. Such help can include enlisting the services of a mediator especially during the separation period that involves living separate and apart but under the same roof. Professionals are trained to help people overcome emotional struggles and to diagnose healthy emotional responses and communication patterns. By getting help you may be able to apply and change your communication skills.
- Physically separate the children from the conflict – when all else fails and conflict or an argument is inevitable each parent must be mindful of protecting their children. Mutually agree that you will keep your voices low and go to another room. Others have found that you can get a babysitter and pick the dispute away from home.
- Agree to disagree – there are some issues you may honesty disagree on due to having various viewpoints. When conflict leads it is best to define a course of action and improve it and this can be done by getting help. The key is therefore in how to handle the conflict process. If you and your spouse cannot agree on a course of action and the conflict results in a shouting match, recognise the issues and seek out a third party’s opinion you both respect.
Divorce: Changing Your Child’s Name
Changing Your Child’s Name
A common feature after a divorce is that one spouse may choose to change their name. Further, a parent may also choose to change the child’s name too. Petitioning a court to change a child’s name is usually not difficult, all it requires is filling out a few basic forms that are downloadable for free. However, getting a judge to approve the name change is a different issue. This article will discuss the manner in which family court would handle changing a child’s name and the elements taken into consideration.
It is important to note that when it comes to divorce and issues relating to children, the ‘best interests of the child’ is the standard that is used. Unfortunately, because the child’s best interests test is applied on a case by case basis, the standard is quite vague and as a result some cases are more straightforward than others. There are three common situations in which a court is likely to approve a petition to change a child’s name and these are:
- Both parents petition together, whether they are married or not – where both parents petition the court together to change the name of the child in almost all situations the court will grant the name change
- One parent petitions, and after notification, the other parent does not object
- One parent petitions and the second parent cannot be found or has abandoned the child
If only one parent wants to make the change and appears in court, the judge is likely to approve the name change as long as the petitioning parent can show that the other parent has been officially notified of the proposed change and has failed to appear.
In situations where both parents have maintained a relationship with the child and one opposes the name change, the court is usually reluctant to go on and change the name and will never do so without a hearing. However, this does not ultimately mean that a court will not approve the change, it just means that the court will listen to each parent’s arguments for or against the name change and decide what is in the child’s best interests. In deciding whether or not to change the child’s name, the court will take the following factors into consideration:
- The length of time the child has used the current last name
- The effect of the name change on the preservation of the relationship with both parents
- The status and strengths of the child’s relationship with each parent
- The needs of the child to identify with a new family unit through the use of a common name
- In respect of older children, the child’s preference
- Any other factors the court finds important in a given case
Once all this information is available to the court, the court will balance these factors in order to help decide whether or not to change the name and if this is in the child’s best interests.
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