Parenting Time

Parenting time is the time a child spends in the care of a parent. During their parenting time, a parent is responsible for the day-to-day care and decisions affecting the child. Parenting time can be structured in many ways — a primary residence with scheduled time for the other parent, equal shared time (often called 50/50), or any other arrangement that works for the child. There is no presumption in Canadian law that equal parenting time is always in the best interests of the child — the arrangement must fit the specific child and family.

Parenting time is decided either by agreement between the parents (recorded in a parenting plan or consent order) or by a court order after a hearing. Courts consider the child's existing routine, the proximity of the parents' homes, the child's school and activities, the parents' work schedules, the child's age and developmental needs, and the history of care. Courts strongly prefer arrangements that maintain the child's stability and support their relationship with both parents. The starting point is always: what does this particular child need?

Shared parenting time — where the child spends roughly equal time with each parent — is increasingly common in Canada. It can work well when parents live close to each other, communicate effectively, and can cooperate on the child's schedule. It is not appropriate in every case: high conflict between parents, significant distance between homes, a very young child with strong attachment to one primary caregiver, or safety concerns may make equal sharing impractical or harmful. Courts will order shared parenting time when the evidence shows it is in the child's best interests — not simply because both parents want it.

Common parenting time schedules include: week-on/week-off (the child alternates full weeks with each parent); 2-2-3 rotation (two days with one parent, two with the other, three with the first, then alternating); primary residence with every-other-weekend and one weekday evening; and variations for holidays, birthdays, and school breaks. The right schedule depends on the child's age, school location, parents' work schedules, and the child's activities. A detailed, written schedule reduces conflict by eliminating ambiguity about when the child is with each parent.

A parenting time order can be changed if there has been a material change in circumstances since the order was made. A material change is a significant change that, if known at the time, would likely have resulted in a different order. Examples include a parent relocating, a significant change in a parent's work schedule, a change in the child's needs, or a change in the child's expressed preferences. To change a parenting time order, you must bring a Motion to Change. Courts do not change orders lightly — stability is important for children.

Withholding parenting time — refusing to allow the other parent their court-ordered time with the child — is a serious matter. It is a breach of a court order and can have significant legal consequences, including make-up parenting time, costs awards, and in serious cases, a change in the primary parenting arrangement. If your parenting time is being withheld, document every instance carefully and bring a motion for enforcement. Do not retaliate by withholding child support — that is a separate legal obligation and will hurt your own case.