In Ontario family law, while a child should have as much time with each parent as is consistent with their best interests, there is no legal presumption in favour of a 50/50 split. Courts focus entirely on the child’s best interests to shape a parenting schedule, rather than treating equal time as an automatic starting point.
When parents separate in Canada, the primary legal concern is ensuring the children remain healthy, supported, and emotionally secure. Under the modernized federal Divorce Act and Ontario’s Children’s Law Reform Act, the old, adversarial terms “custody” and “access” have been permanently replaced. 👪 Today, courts strictly use the terms decision-making responsibility and parenting time to encourage cooperation rather than treating children as property to be won.
A core concept in family law is what was historically known as the “Maximum Contact Principle.” Under the modernized federal Divorce Act, this terminology was recast into the more neutral “parenting time factor,” directing courts to give effect to the principle that a child should have as much time with each parent as is consistent with their best interests. However, both the Supreme Court of Canada in Barendregt v. Grebliunas, 2022 SCC 22, and the Ontario Court of Appeal in Knapp v. Knapp, 2021 ONCA 305, have definitively ruled that this principle does not create a legal presumption in favour of equal (50/50) shared parenting. Instead, the court’s sole starting point and overriding concern is an individualized inquiry into the best interests of the child, not an automatic maximization of time with each parent.
Step-by-Step Process in Ontario
Whether you are negotiating a separation agreement in London, Hamilton, or downtown Toronto, understanding how a judge applies this principle will help you draft a successful parenting plan. Most applicants in this province choose to follow these steps to secure a fair schedule.
Step 1: Focus Exclusively on the Child’s Best Interests
The parenting time factor is entirely subordinate to the “Best Interests of the Child.” 💭 Because there is no legal presumption of a 50/50 split, you must objectively evaluate your child’s age, emotional needs, and ties to their school and community rather than treating equal time as a starting right. A 50/50 schedule for an infant might not be appropriate, whereas a week-on/week-off schedule is common for teenagers if it serves their interests.
Step 2: Propose a Practical Parenting Schedule
You and your family lawyer should draft a realistic schedule that accommodates your actual work hours. Popular shared parenting models include the “2-2-3” schedule (ideal for younger children who need frequent contact with both parents) or the alternating “7-7” week schedule. The court will look favourably upon a parent who proposes a plan that actively facilitates a strong relationship with the other parent.
Step 3: Address Any Family Violence Exceptions
The court will strictly prioritize safety over the parenting time factor if there is any evidence of family violence, abuse, or severe substance addiction. 🚫 In Ontario, a judge will not force a child to spend maximum time with an abusive parent. If safety is a concern, your lawyer will ask the court for supervised parenting time or a heavily restricted schedule to protect the child’s well-being.
Step 4: Formalize the Plan in Court
If both parents agree, you simply incorporate the schedule into a binding Separation Agreement and file it with the local family court. If you cannot agree, you will have to litigate the matter at the Superior Court of Justice or the Ontario Court of Justice, where a judge will impose a schedule based on the child’s best interests, applying the parenting time factor only to the extent that it benefits the child.
Common Parenting Time Schedules
| Schedule Type | How It Works | Best Suited For |
|---|---|---|
| Week-On / Week-Off (7-7) | The child spends 7 days with Parent A, then 7 days with Parent B. | Older children and teenagers who can handle longer periods away from one parent. |
| The 2-2-3 Schedule | 2 days with A, 2 days with B, then a 3-day weekend with A. It alternates weekly. | Toddlers and young children who need frequent, consistent reassurance from both parents. |
| Primary Residence (Weekend focus) | Child lives with Parent A on weekdays and visits Parent B every other weekend. | Situations where parents live in different cities, making shared school drop-offs impossible. |
How Much Does it Cost in Ontario?
Reaching an agreement on parenting time can be done amicably or through intense litigation. Typical costs in CAD for 2026 include:
- Court Filing Fees: If you are filing a joint Application for Divorce in Ontario, the total court fee is $669 CAD.
- Family Mediation: Hiring a private family mediator to help you design a maximum contact schedule usually costs between $150 and $400 CAD per hour, split between parents.
- Lawyer Fees: If you must fight for parenting time in court, retaining a family law firm will typically cost between $10,000 and $30,000+ CAD depending on the complexity of the trial.
How Long Does the Process Take?
If you and your ex-partner are cooperative, drafting a Separation Agreement with maximum contact takes about 2 to 4 months of negotiation. However, if one parent is unfairly restricting access and you must apply to the family court for a final order, the litigation process can stretch out for 1 to 2 years due to severe backlogs in the Ontario justice system.
Frequently Asked Questions (FAQ)
Does the parenting time factor guarantee a 50/50 split?
No. Canadian family law does not have a legal presumption in favour of equal (50/50) parenting time. As established by the Supreme Court of Canada in Barendregt v. Grebliunas, parenting time is decided solely on the child’s best interests. A judge will not order a 50/50 split if it is impractical or does not benefit the child’s specific physical and emotional needs.
How does shared parenting affect child support?
Under the Federal Child Support Guidelines, if a child spends at least 40% of their time with each parent, it triggers the shared parenting rule. Typically, the court calculates what each parent would owe the other and orders the higher-earning parent to pay the net difference (the set-off amount).
What if my ex-partner moves to another province?
Relocation makes maximum contact very difficult. A parent cannot unilaterally move a child away. They must give formal legal notice. If you object, the court will hold a hearing to decide if the move is permitted, usually replacing weekday time with extensive summer and holiday visits.
Can my 12-year-old child decide they do not want maximum contact?
Children do not have the absolute legal right to dictate their schedule. However, Ontario judges will heavily weigh the views and preferences of a mature 12-year-old. The older the teenager gets, the more their voice will shape the final parenting plan.
Is a mother legally favoured for primary residence?
Absolutely not. Canadian family law is strictly gender-neutral. The “Tender Years Doctrine” (which favoured mothers for infants) was abolished decades ago. Fathers and mothers have the exact same legal rights to parenting time and decision-making responsibility.
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