Parenting Time in Ontario: A Complete Guide

What Is Parenting Time?

Parenting time is the period during which a child is in the care of a parent, whether or not the parent is physically with the child every moment of that time. It covers routine, day-to-day matters that come up while a child is in a parent's care — meals, bedtime, homework, and everyday decisions — without needing the other parent's sign-off for each one.

"Parenting time" is a relatively new legal term in Canada. It replaced the older word "access," which many people still use in everyday conversation, and which you may still see in older agreements, court orders, or informal discussions.

Parenting Time vs. Decision-Making Responsibility

Parenting time and decision-making responsibility are related but legally separate concepts, and it helps to keep them distinct. Parenting time is about where and with whom a child spends their time. Decision-making responsibility is about who has the authority to make significant decisions about the child's education, health care, religion or culture, and similar major matters.

A parent can have parenting time without decision-making responsibility, and the two do not have to be split the same way — for example, parents may share decision-making responsibility fairly evenly while parenting time is divided differently. This guide focuses on parenting time; for the separate rules on decision-making, see our dedicated decision-making responsibility guide. If you're new to these terms and want a single plain-language starting point covering both, see our Insights guide to how parenting time and decision-making responsibility are determined.

The "Custody" and "Access" Terms You May Still See

If you've searched for "child custody in Ontario," you're not alone — it remains one of the most common ways people describe these issues, even though it is no longer the term used in the federal Divorce Act. Amendments to the Divorce Act came into force on March 1, 2021, replacing "custody" and "access" with "decision-making responsibility," "parenting time," and "contact" (the term used for time with someone other than a parent).

The change was meant to move away from language that framed one parent as a "winner" with custody and the other as merely having "access," and to better reflect that both parents typically continue caring for the child. Ontario's own Children's Law Reform Act, which applies to parents who are not divorcing, uses parallel concepts. You may still encounter "custody" and "access" in older documents, in some non-family statutes, or in everyday speech — it generally means the same thing as decision-making responsibility and parenting time.

How Parenting Time Is Decided: The Best Interests of the Child

Under both the federal Divorce Act and Ontario's Children's Law Reform Act, the sole test for parenting decisions is the best interests of the child — not what either parent wants, and not a fixed formula. The Divorce Act directs a court to give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being.

Beyond that primary consideration, courts generally look at factors such as the child's needs at their age and stage of development, the strength of the child's relationship with each parent and sibling, each parent's history of care for the child, each parent's willingness to support the child's relationship with the other parent, the child's own views given appropriate weight, and any history of family violence. No single factor is automatically decisive.

Which Law Applies: Divorce Act vs. Children's Law Reform Act

Two different laws can govern parenting time in Ontario, depending on the parents' relationship. Parents who are married and are divorcing, or who have already divorced, generally have their parenting arrangements governed by the federal Divorce Act. Parents who were never married, or who are separating without seeking a divorce, generally rely on Ontario's own Children's Law Reform Act instead.

Both laws share the same best-interests approach and terminology, though some procedural details differ. If you are unsure which one applies to your situation, that is a reasonable question to raise using the consultation form below.

Common Parenting Time Schedules

There is no single schedule that Ontario law requires or presumes. Some families use a schedule where a child's time is divided roughly equally between parents, often on a rotating or "week-about" pattern. Others use an arrangement where a child primarily resides with one parent, with a regular schedule — such as alternating weekends and one or more weeknights — with the other. Many schedules also shift as the child gets older or differ between the school year and holidays. None of these patterns is legally preferred over another — what matters is which arrangement best serves the particular child.

Parenting Plans

A parenting plan is a written description of how parents intend to handle the regular schedule, holidays, changes to the schedule, and communication. It is not legally mandatory, but putting one in writing — as part of a separation agreement or attached to a court order — tends to reduce misunderstandings later. See our dedicated guide to building a parenting plan.

Supervised Parenting Time

In some situations, a court or the parents may agree that parenting time should be supervised — meaning another adult, or a professional supervisor at a specialized centre, is present throughout the visit. Supervision is generally considered where there is a genuine safety concern, a history of family violence, or another reason to gradually reintroduce or closely monitor time, rather than as a routine arrangement. Read more in our guide to supervised parenting time.

Relocation and Moving With a Child

A parent's plan to move — with or without the child — can significantly affect an existing parenting time arrangement. The Divorce Act amendments that came into force in March 2021 added specific relocation provisions, generally requiring a parent who plans to relocate with a child to give the other parent advance written notice, including details of the proposed new residence and a revised parenting arrangement. Ontario's Children's Law Reform Act contains parallel notice requirements. Exceptions can apply, including where there are safety concerns such as family violence. If a proposed move is contested, a court will decide based on the child's best interests. See our dedicated guide to relocating with a child.

When Parenting Time Is Denied or Withheld

Parenting time set out in a court order or signed agreement is meant to be followed, not treated as optional. Where one parent is unreasonably denying or interfering with the other's scheduled time, the affected parent generally has options — resolving it directly, using mediation, or asking a court to enforce or clarify the order. The 2021 Divorce Act amendments also added provisions aimed at supporting compliance. Courts generally have a range of possible responses, from compensatory make-up time to, in serious or repeated cases, a finding of contempt — but not every missed visit requires court intervention. See our guide on what to do when parenting time is denied.

Grandparents and Extended Family

Grandparents and other extended family members do not automatically have a legal right to parenting time or contact with a child. In appropriate circumstances, a grandparent or other non-parent may be able to apply to court for time with a child, generally by showing that it is in the child's best interests. Read more in our guide to grandparents' rights in Ontario.

Changing a Parenting Time Order or Agreement Later

Parenting arrangements are not meant to be frozen forever. As children grow and circumstances change, an existing agreement or order may no longer fit well. Parents who agree can simply update a written agreement. Where there is a court order and the parents do not agree, the parent seeking a change generally needs to show a material change in circumstances since the order was made. See our guide to changing or enforcing a family court order.

A Step-by-Step Pathway for Working Out Parenting Time

This is a general outline. Your own path may look different depending on your family's circumstances and whether you and the other parent agree.

1. Start the parenting plan conversation early

   Even a rough outline of a schedule and how decisions will be handled gives both parents a starting point.

2. Centre the discussion on the child's needs

   Consider the child's age, routine, school, and relationships with each parent and sibling, rather than starting from what feels fair between the adults.

3. Try mediation or another out-of-court process where there is disagreement

   A neutral mediator can often help parents reach a workable schedule without going to court.

4. Put the arrangement in writing

   Formalize it in a parenting plan, a separation agreement, or a consent court order, so both parents can rely on it.

5. Revisit and adjust the arrangement as the child grows

   A schedule that works for a toddler may not fit a teenager — plan to review it periodically.

6. Seek professional or court help if disagreement continues

   Where parents cannot agree, a lawyer, mediator, or ultimately a court may be needed to resolve the issue.

Common Mistakes Parents Make With Parenting Time

• Assuming one particular schedule is legally "standard" or automatically fair
• Withholding parenting time as leverage over an unrelated dispute, such as support
• Making major decisions unilaterally without checking whether decision-making responsibility is shared
• Leaving an informal verbal arrangement unwritten, making it hard to enforce later
• Not giving proper notice before a planned move with the child
• Involving the child directly in adult disagreements about the schedule
• Waiting too long to address a pattern of denied or disrupted parenting time

Frequently Asked Questions