Child Custody & Parenting in Canada
Understand parenting time, decision-making responsibility, and the best interests test under Canada's updated 2021 Divorce Act.
Best Interests of the Child Test
Courts must consider these factors when making parenting orders
- Child's physical, emotional, and psychological safety, security and well-being
- Child's views and preferences (given due weight based on age and maturity)
- History of care of the child
- Nature and strength of child's relationship with each parent, siblings, and significant others
- Each parent's willingness to support child's relationship with other parent
- Plans for child's care
- Stability of proposed living arrangements
- Ability of each parent to meet child's needs
- Cultural, linguistic, religious, and spiritual upbringing and heritage
- Any family violence and its impact on: child, parent's ability to care, appropriateness of parenting arrangements
- Any civil or criminal proceedings, orders, conditions, or measures relevant to child's safety
Common Parenting Arrangements
Different parenting time structures and when they work
Shared Parenting Time
Child spends at least 40% of time with each parent (roughly equal). Both parents involved in day-to-day care.
Primary Residence
Child lives primarily with one parent, regular parenting time with other parent (weekends, holidays, some weekdays).
Supervised Parenting Time
Parenting time occurs under supervision (family member, professional supervisor, contact centre).
Decision-Making Responsibility
Major decisions vs. day-to-day decisions
Major Decisions
- Education (school choice, special programs)
- Health (medical treatment, therapy)
- Religion/spiritual upbringing
- Extracurricular activities
- Legal matters
Day-to-Day Decisions
- Bedtime, meals during your time
- Friends, activities during your time
- Minor medical (colds, cuts)
- Clothing, haircuts
- Homework supervision
Frequently Asked Questions
Build a Child-Focused Parenting Plan
Splitifi helps you create detailed parenting plans, track parenting time, and document everything for court under Canada's best interests framework.