Children and Parenting in Ontario Divorce

As of March 1, 2021, Canadian family law no longer uses the terms "custody" and "access." The amended Divorce Act replaced these with "parenting orders" that allocate "parenting time" and "decision-making responsibility." This is not just a semantic change — it reflects a shift in how courts think about children after separation. The old language implied one parent "won" custody and the other got "access" (like visiting hours). The new language recognizes that both parents remain parents. **Parenting time** refers to the time each parent spends with the child. This can be equal (50/50), primary-secondary (e.g., 70/30), or any other arrangement that serves the child's best interests. **Decision-making responsibility** covers major decisions about the child's health, education, religion, and significant extracurricular activities. This can be shared (both parents decide together), sole (one parent decides), or divided by subject area.

Ontario courts determine all parenting arrangements based on the best interests of the child — not the parents' preferences. The factors the court considers include: - The child's physical, emotional, and psychological needs - The child's cultural, linguistic, religious, and spiritual heritage - Each parent's ability to care for and meet the child's needs - The child's relationship with each parent and other significant people - The child's own views and preferences (weighted by age and maturity) - Each parent's willingness to support the child's relationship with the other parent - Any history of family violence There is no automatic presumption of equal parenting time. The court considers what arrangement actually serves this particular child.

Child support in Ontario follows the Federal Child Support Guidelines. The amount is based on a table that considers the paying parent's income and the number of children. For example: - 1 child, income of $60,000 → approximately $551/month - 2 children, income of $80,000 → approximately $1,118/month - 3 children, income of $100,000 → approximately $1,624/month These are the "table amounts" — the base child support. On top of this, parents share "special or extraordinary expenses" (Section 7 expenses) like childcare, medical expenses not covered by insurance, extracurricular activities, and post-secondary education costs. These are shared in proportion to each parent's income. **Shared custody:** If each parent has the child at least 40% of the time, both parents' incomes are considered, and the higher earner pays a "set-off" amount.

If you want to move with your child to a location that will significantly affect the other parent's relationship with the child, you must follow strict relocation rules under the Divorce Act. You must give at least 60 days' written notice of your intention to relocate. The notice must include your proposed new address, the proposed date of the move, and a proposal for how parenting time will work after the move. If the other parent objects within 30 days, you cannot relocate until the court decides. The burden of proof depends on the existing parenting arrangement — if you have the majority of parenting time, the objecting parent must show the move is not in the child's best interests. If you have equal or less parenting time, you must show the move is in the child's best interests.