Recent updates to Canada’s Divorce Act and Ontario’s Children’s Law Reform Act completely removed the outdated words “custody” and “access.” Today, family courts use “decision-making responsibility” for major life choices and “parenting time” for the physical schedule to help reduce conflict between parents.
For decades, separating parents in Ontario fought bitter court battles to “win custody” of their children. The old legal language made parents feel like their children were property to be won or lost. This winner-takes-all mindset caused severe emotional damage to families. 📝
To fix this, the government fundamentally changed family law. Whether you are finalizing a divorce or separating from a common-law partner, the legal system now focuses entirely on the “best interests of the child” using cooperative language.
This guide will explain what decision-making responsibility actually means, how parenting time is scheduled, and how these changes impact your Separation Agreement. We will also discuss when it is helpful to consult a local family law firm to draft a modern, legally binding parenting plan.
Step-by-Step Process in Ontario
Whether you are filing your paperwork at the Superior Court of Justice in Toronto, Ottawa, or Mississauga, you must use the correct, updated terminology. If you submit legal documents asking for “sole custody,” the court clerk or judge may ask you to rewrite them. 📍
Understanding how to apply these new concepts step-by-step will make negotiating with your ex-partner much smoother.
Step 1: Understand Decision-Making Responsibility
The term “decision-making responsibility” replaces the old concept of legal custody. It refers to the legal right to make major, significant life choices for your child. ❗
These major decisions are broken down into health, education, religion, and significant extracurricular activities. You and your ex-partner can share this responsibility jointly (meaning you must agree on the choice of school or medical treatments), or one parent can have sole decision-making responsibility.
Step 2: Define the Parenting Time Schedule
The phrase “parenting time” completely replaces the old word “access.” Parenting time refers to the actual physical time the child spends in the care of each parent.
During their scheduled parenting time, a parent has the exclusive right to make day-to-day decisions for the child, such as what they eat for dinner, what time they go to bed, and helping them with homework. You do not need to call the other parent to ask permission for these minor daily choices.
Step 3: Create a Detailed Parenting Plan
Instead of just agreeing to “joint custody” and hoping for the best, modern Ontario family law strongly encourages parents to draft a comprehensive Parenting Plan. 💪
This written document outlines exactly how you will share decision-making and parenting time. It should include details on how you will handle holidays, summer vacations, travel out of the province, and how you will resolve disagreements in the future (such as agreeing to use a family mediator before going to court).
Step 4: Formalize the Agreement
Once you agree on the terms, the Parenting Plan must be included in a formal, written Separation Agreement.
To make it legally binding, both parents should get Independent Legal Advice (ILA) from their own lawyers, and then sign the agreement in front of a witness. If you cannot agree, you will have to file an Application with the family court, and a judge will impose a decision-making and parenting time order upon you.
How Much Does it Cost in Ontario?
Updating your terminology does not cost anything, but officially documenting your new parenting arrangement involves some legal fees. Using private mediation is almost always cheaper than fighting in court. 💰
Here is a breakdown of the typical costs you might encounter:
| Service / Professional | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Drafting a Parenting Plan | $1,500 – $3,500+ Flat Fee | Each parent pays their lawyer |
| Private Family Mediator | $1,500 – $4,000+ Total | Usually split 50/50 |
| Contested Court Trial | $15,000 – $50,000+ | Each parent pays their own |
| Court Filing Fees | $214 (Initial Application) | The Applicant |
It is important to remember that decision-making responsibility is entirely separate from child support. Even if you share decision-making equally, the higher-earning parent will still generally owe child support based on the Federal Child Support Guidelines.
How Long Does the Process Take?
If you and your ex-partner are willing to communicate peacefully, you can draft and sign a Separation Agreement containing your new parenting plan in just 1 to 3 months. ⏱
If you disagree on major issues—such as which school the child should attend or who gets decision-making authority for medical care—you may need to attend mediation, which typically takes 3 to 6 months.
If you refuse to settle and force a judge to decide your family’s fate at a formal trial, the massive backlogs in the Ontario family court system mean you will likely wait 1.5 to 3 years for a final decision.
Frequently Asked Questions (FAQ)
Can we still use the word “custody” in our agreement?
While a judge will understand what you mean, it is highly discouraged. Old agreements that use the word “custody” are still legally valid, but any new agreements or court documents drafted after the law changed must use “decision-making responsibility” and “parenting time.”
What happens if we have joint decision-making but cannot agree?
If you share joint decision-making responsibility and fundamentally disagree on a major issue (like braces or a school transfer), you cannot act unilaterally. You must generally consult a family mediator. If mediation fails, you must file a motion in family court to have a judge break the tie.
Does shared parenting time mean I do not pay child support?
No. This is a very common myth. Even if the child spends exactly 50% of their time at your house and 50% at your ex-partner’s house, the parent with the higher Line 15000 income will typically still have to pay a “set-off” amount of child support to the lower-earning parent.
Can I divide decision-making responsibility by topic?
Yes. This is called “parallel parenting.” For example, parents can agree that one parent has sole decision-making responsibility for education and religion, while the other parent has sole decision-making responsibility for all medical and health-related choices.
Should I hire a law firm to write my parenting plan?
Yes, highly recommended. A poorly worded DIY agreement often leads to severe arguments later on. A local family law firm knows exactly how to draft clear, specific clauses covering holidays, travel, and decision-making to prevent future court battles.
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