Parenting
Custody & Access in Canada
Parenting Time & Decision-Making
The 2021 amendments to the Divorce Act modernized Canadian family law terminology. "Custody" and "access" are now "decision-making responsibility" and "parenting time."
The Divorce Act was amended in 2021 to focus on the 'best interests of the child' as the only consideration, introduce new terminology (parenting time, decision-making), and strengthen family violence provisions.
New Canadian Terminology
Understanding the updated language of Canadian family law.
CustodyDecision-Making Responsibility
Authority to make important decisions about the child
AccessParenting Time
Time each parent spends with the child
Sole CustodySole Decision-Making
One parent makes major decisions
Joint CustodyShared Decision-Making
Both parents make major decisions together
Best Interests of the Child
The ONLY consideration for parenting arrangements is the child's best interests.
Child's physical, emotional, and psychological needs
Child's views and preferences (considering age and maturity)
Each parent's willingness to support relationship with other parent
History of care and involvement with the child
Child's cultural, linguistic, and spiritual upbringing
Plans for the child's care and upbringing
Ability of each parent to provide for the child's needs
Presence of family violence and its impact
Any civil or criminal proceedings involving safety
Parenting Time
Parenting time refers to when the child is in a parent's care. This can be:
- Shared: Roughly equal time (e.g., week on/week off)
- Primary residence: One parent has majority time
- Split: Different arrangements for different children
- Bird's nest: Children stay in home, parents rotate
Note: 40% parenting time threshold affects child support calculations.
Decision-Making Responsibility
Decision-making responsibility refers to major decisions about the child:
Education: School choice, tutoring, special education
Health: Medical treatment, dental care, therapy
Religion: Religious upbringing, ceremonies, practices
Extracurriculars: Sports, music lessons, camps (significant)
Day-to-day decisions are made by whoever has the child at the time.
The 2021 amendments require courts to consider any family violence when making parenting orders. This includes physical, sexual, psychological, and financial abuse, as well as coercive and controlling behavior.
What Courts Consider
- Nature, seriousness, and frequency of violence
- Whether the violence was directed at the child
- Physical, emotional, and psychological harm to child
- Whether it is safe for the child to be with the parent
- Steps taken by the violent parent to address behavior
Safety Measures
- Supervised parenting time
- Neutral exchange locations
- No direct contact between parents
- Geographic restrictions
- Sole decision-making to safe parent
Create Your Parenting Plan
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