Parenting

Parenting time is the time a child spends in the care of a parent. It replaced the old term "access" under the 2021 Divorce Act amendments. During parenting time, the parent with the child is responsible for day-to-day decisions — things like meals, bedtime, and activities. Parenting time can be shared equally, or one parent may have more time than the other. The amount of parenting time each parent has can also affect how child support is calculated.

Decision-making responsibility (formerly called "custody") refers to the authority to make major decisions about a child's life — including education, health care, religion, and significant extracurricular activities. Courts can award sole decision-making responsibility to one parent, or joint decision-making responsibility to both. Joint decision-making does not automatically mean equal parenting time. Parents can agree on arrangements themselves, or a court can make an order.

The best interests of the child is the only test courts use when making parenting orders. The Divorce Act lists specific factors judges must consider, including: the child's physical, emotional, and psychological safety and well-being; the nature and strength of the child's relationship with each parent; each parent's willingness to support the child's relationship with the other parent; the child's views and preferences (depending on age and maturity); and any family violence. No single factor is automatically more important than the others.

There is no set age at which a child can simply choose. Courts must consider the child's views and preferences, but those views are weighed alongside many other factors. A judge will consider the child's age, maturity, and the reasons behind the preference. Older teenagers' preferences carry more weight, but a court can still override them if it believes the child's safety or well-being is at risk. A child's preference is one factor — not the deciding factor.

If a parent is not complying with a court order — for example, by withholding parenting time or refusing to return the child — you have options. You can apply to the court for enforcement of the order. Courts take parenting order violations seriously. Remedies can include make-up parenting time, fines, and in serious cases, a change in the parenting arrangement. Do not withhold child support in retaliation — that is a separate legal obligation and can hurt your own case.

A parenting plan is a written agreement between parents that sets out how they will share parenting time and decision-making responsibility. It can cover day-to-day schedules, holidays, school breaks, how parents will communicate, and how disputes will be resolved. Parenting plans can be informal agreements or made into a court order. Having a detailed parenting plan reduces conflict and gives children stability. Many provinces offer free or low-cost mediation to help parents create a plan.

Grandparents do not have automatic legal rights to contact with grandchildren in Canada, but they can apply to a court for contact orders. Courts will consider the best interests of the child, including the nature of the relationship between the grandparent and child. Some provinces have specific legislation addressing grandparent contact. If a grandparent has been a significant caregiver, courts are more likely to grant contact. The process varies by province.