How Decision-Making Responsibility and Parenting Time Are Decided in Ontario Family Law
- Ahsan Chaudhry
- Apr 7
- 5 min read
When parents separate or divorce in Ontario, one of the most important and sensitive issues to resolve involves their children. The terms custody and access are no longer used under Canadian family law. Instead, the Divorce Act and Ontario's Children's Law Reform Act now use the terms Decision-Making Responsibility and Parenting Time to better reflect the roles parents play in their children’s lives.
At Brace Law, with offices in Oakville, Vaughan, and the Hamilton area, our experienced Ontario family law lawyers help parents navigate these crucial issues with clarity and compassion. Whether you're dealing with shared parenting in Ontario or looking to create a parenting plan, we’re here to guide you every step of the way.
What Is Decision-Making Responsibility in Ontario?
Decision-Making Responsibility in Ontario refers to the legal authority to make significant decisions about a child’s upbringing. This includes:
Education: Choosing the child’s school, special programs, or tutoring support. For example, determining whether the child attends public, private, or specialized institutions.
Health Care: Making medical decisions, such as vaccinations, surgeries, or mental health treatment. This includes selecting healthcare providers and consenting to treatment.
Religion or Spiritual Upbringing: Deciding if and how the child will participate in religious or spiritual practices, respecting cultural values and family traditions.
Extracurricular Activities: Approving participation in sports teams, music lessons, art classes, and other enrichment programs that contribute to a child’s development.
Parents can share this responsibility equally (joint decision-making) or it may be granted to one parent (sole decision-making), depending on the best interests of the child.
At Brace Law, we regularly assist parents throughout Oakville, Vaughan, and Hamilton in crafting fair, functional parenting arrangements that work in real life.
What Is Parenting Time in Ontario?
Parenting Time in Ontario refers to the time a child spends with each parent and includes the right to make day-to-day decisions while the child is in your care. It ensures meaningful involvement in the child’s life.
Common parenting time arrangements include:
Equal or Shared Parenting Time: The child lives with each parent for approximately equal amounts of time. This model promotes active co-parenting and is common in collaborative separations.
Primary and Secondary Parenting Time: One parent has the majority of parenting time (often called the primary caregiver), and the other has scheduled access or visitation. This model often suits families with more rigid work schedules or significant distance between homes.
Holiday and Vacation Schedules: These include special arrangements for birthdays, school breaks, public holidays, and summer vacations to ensure both parents share in key life events.
Our family lawyers in Oakville and Vaughan help parents across Ontario develop custom parenting schedules aligned with their child’s routines and both parents’ availability.
How Ontario Courts Decide Parenting Time and Decision-Making Responsibility
Under section 16 of the Divorce Act and Ontario’s Children’s Law Reform Act, courts determine both parenting time and decision-making responsibility based on the best interests of the child. This is the guiding standard for all Ontario family court parenting decisions.
Key Factors Courts Consider:
The child’s emotional and physical needs, based on age and developmental stage.
Parent-child relationships, examining the history and strength of the connection between each parent and the child.
Parental cooperation, including the ability and willingness of each parent to support the child’s relationship with the other parent.
Past caregiving roles, to understand each parent’s involvement in daily life before separation.
Ability to meet needs, such as providing a stable home, education, healthcare, and emotional support.
Family violence, and its potential impact on the child’s well-being.
The child’s preferences, if they are mature enough to express them.
Cultural, linguistic, and spiritual needs, which are especially relevant in Ontario’s multicultural communities.
Parenting plans submitted to court, demonstrating how each parent proposes to care for the child.
At Brace Law, we help clients prepare strong cases that reflect their strengths as parents and address each factor with supporting evidence.
Creating Parenting Plans Without Court Intervention
Parents are encouraged to resolve disputes amicably through parenting plans. A parenting plan outlines how decisions will be made and how time will be shared between the parents.
Benefits of a parenting plan in Ontario include:
Reduced Conflict: Clearly documented expectations and shared responsibilities help prevent misunderstandings and future disagreements.
Customized Solutions: Plans may include transportation arrangements, phone call schedules, school involvement, and vacation planning.
Better Outcomes for Children: Children benefit from structure, predictability, and seeing their parents cooperate.
Brace Law’s family lawyers in Oakville, Vaughan, and Hamilton are experienced in drafting detailed and enforceable parenting plans. These can be incorporated into separation agreements or approved by the court as consent orders.
What If Parents Cannot Agree?
When co-parents cannot agree, Ontario’s family courts step in to impose an arrangement based on the child’s best interests. Court decisions can determine both parenting time and decision-making responsibility.
Litigation is not ideal, but it may be necessary in high-conflict cases or when safety is a concern. Our legal team at Brace Law will represent you with empathy and strength throughout the court process.
Whether you're dealing with separation and children in Ontario, or need guidance from a seasoned family lawyer in Oakville, we’re here to support your parenting goals.
Modifying Parenting Time or Decision-Making Responsibility
Life changes — and so do parenting needs. You may need to vary your existing parenting arrangement if:
You relocate due to employment, family, or other commitments
Your child’s needs evolve, such as changing schools, health concerns, or special learning requirements
There are parenting challenges, including non-compliance with current arrangements or increased conflict
Safety becomes a concern, especially in cases of substance abuse or emotional abuse
At Brace Law, we assist clients in preparing variation applications and supporting materials to ensure the changes reflect your child’s current needs.
Tips for Navigating Parenting Disputes in Ontario
Communicate Clearly and Respectfully: Use neutral tools like co-parenting apps, especially if direct communication is strained.
Prioritize the Child: Shift the focus from personal grievances to what arrangement will best support your child’s happiness and growth.
Seek Early Legal Advice: Speaking with an Ontario family law lawyer early can prevent issues from escalating.
Maintain Detailed Records: Document all agreements, incidents, and communications relevant to your parenting arrangement.
Need support? Our experienced family law team at Brace Law will help you make informed, child-focused decisions.
Why Choose Brace Law for Parenting Matters in Ontario?
Brace Law is a trusted family law firm in Ontario with deep experience in handling complex parenting matters. Whether you're pursuing shared parenting, seeking parenting time in Ontario, or updating a decision-making agreement, we’re here to guide you.
We serve clients across Oakville, Vaughan, and the Hamilton region, offering:
Customized legal strategies for your family’s unique needs
Strong advocacy in court or negotiations
Compassionate service throughout difficult transitions
Let Brace Law help you build a healthier co-parenting dynamic that protects your child's well-being and respects your legal rights.
Book a Consultation with Brace Law Today
Parenting after separation or divorce can feel overwhelming, but you don’t have to face it alone. With clear guidance, structured planning, and legal support, you can protect your parental rights and prioritize your child’s well-being.
For help with decision-making responsibility or parenting time in Ontario, contact Brace Law today. Our team of family lawyers in Oakville, Vaughan, and Hamilton will help you navigate the path ahead with confidence.
📍 Our Oakville Law Office (Main Office): 2939 Portland Dr Unit 202, Oakville, ON L6H 5S4
📍 Our Vaughan Law Office: 3883 Highway 7 Road, Unit 220, Vaughan, ON L4L 6B9
📍 Our Hamilton Law Office: 96 King Street West, Dundas, Hamilton, ON, L9H 2V6
📞 Call Us: (905) 815-6555
📧 Email: staff@bracelaw.ca
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Legal policies and regulations change frequently, and every case is unique. For personalized legal guidance tailored to your situation, please consult with a qualified lawyer.