When parents separate or divorce, one of the most important and emotional issues is deciding what happens with the children.
Many people searching online for answers about child custody in Ontario feel overwhelmed, unsure of their rights, and worried about their child’s future. The good news is that Ontario family law is designed to prioritize what matters most: the best interests of the child.
In this guide, we explain how child custody works in Ontario, what the law says, what parents can expect, and when speaking with a family lawyer may be helpful.
What Does “Child Custody” Mean in Ontario?
In Ontario, the term “custody” is still commonly used, but family law has shifted toward more specific language.
Under Canada’s Divorce Act (for married parents), custody is now generally described in terms of:
- Decision-making responsibility
- Parenting time
For unmarried parents, Ontario’s Children’s Law Reform Act may apply, but the same child-focused principles are used.
Decision-Making Responsibility vs. Parenting Time
Decision-Making Responsibility
This refers to who has the legal authority to make major decisions about a child’s life, including:
- Education
- Medical care
- Religion
- Extracurricular activities
- Cultural upbringing
A parent with decision-making responsibility has a key role in shaping the child’s future.
Parenting Time
Parenting time refers to the time a child spends in the care of each parent.
During parenting time, a parent is responsible for day-to-day decisions, such as meals, routines, and supervision.
Types of Parenting Arrangements in Ontario
Ontario courts do not automatically favour one parent over the other. Instead, parenting arrangements depend on what is best for the child.
Common arrangements include:
Shared Parenting
The child spends significant time with both parents, often close to a 50/50 split.
Shared parenting may work well when:
- Parents communicate effectively
- Both live close to the child’s school
- There is a stable routine
Primary Residence with One Parent
In some cases, a child may live primarily with one parent while the other has parenting time on a schedule (weekends, holidays, etc.).
This may happen when:
- One parent has been the primary caregiver
- Distance makes shared parenting difficult
- The child’s needs require consistency
Supervised Parenting Time
If there are concerns about safety, substance abuse, or family violence, parenting time may be supervised by a third party or a professional service.
How Do Ontario Courts Decide Child Custody?
The guiding principle in Ontario is always:
The Best Interests of the Child
Courts focus on what arrangement will best support the child’s:
- Emotional well-being
- Physical safety
- Stability
- Development
- Relationship with both parents
Ontario courts consider factors such as:
- The child’s needs and age
- The strength of the child’s relationship with each parent
- Each parent’s ability to care for the child
- History of caregiving
- Family violence or safety concerns
- The child’s views and preferences (depending on maturity)
The court does not base decisions on what is most convenient for the parents.
Does the Child Get to Choose Where They Live?
This is a common question.
In Ontario, children do not automatically get to decide custody based on age alone. However, the court may consider the child’s wishes depending on:
- Age
- Maturity
- Circumstances
- Whether the child’s preference seems independent
Teenagers’ views are often given more weight, but every case is different.
Do Mothers Automatically Get Custody in Ontario?
No.
Ontario law does not favour mothers over fathers. The court’s focus is on parenting ability and the child’s best interests, not gender.
Both parents have the right to seek parenting time and decision-making responsibility.
Parenting Plans and Separation Agreements
Many families resolve custody issues without going to court by creating a parenting plan or separation agreement.
A parenting plan may outline:
- Weekly parenting schedules
- Holiday and vacation arrangements
- Decision-making responsibilities
- Communication guidelines
- How future disputes will be handled
A well-prepared agreement can reduce conflict and provide long-term stability for children.
It is strongly recommended that parents have any agreement reviewed by a family lawyer before signing.
What If Parents Cannot Agree?
If parents cannot resolve custody and parenting issues through negotiation or mediation, the matter may go to family court.
The court process may involve:
- Case conferences
- Parenting assessments
- Motions for temporary parenting orders
- Trial (in rare cases)
Most custody disputes settle before trial, but having legal guidance can make a significant difference.
Child Support and Custody: How Are They Connected?
Parenting time often affects child support, but it is important to understand:
Child support is the right of the child.
Even if one parent has limited parenting time, they may still be required to pay support under the Federal Child Support Guidelines.
In shared parenting situations, support may be calculated differently.
A lawyer can help ensure child support arrangements are fair and accurate.
When Should You Speak With a Child Custody Lawyer in Ontario?
It may be time to seek legal advice if:
- You are separating and have children
- Your former partner is denying parenting time
- There are concerns about safety or relocation
- You need a formal parenting agreement
- You are involved in a court application
- Child support and parenting issues are overlapping
Even early legal advice can prevent costly mistakes.
Final Thoughts: Protecting Your Child’s Best Interests
Child custody matters are deeply personal, and every family’s situation is unique. Ontario law aims to protect children and encourage stable, supportive parenting arrangements whenever possible.
Understanding your rights — and your child’s needs — is the first step toward moving forward with confidence.
Speak With a Toronto Child Custody Lawyer
If you have questions about child custody, parenting time, or separation in Ontario, the team at Taerk Family Law is here to help.
We provide trusted guidance to families across Toronto and Ontario, with a focus on practical solutions and the best possible outcome for your child.
Contact Taerk Family Law today to schedule a confidential consultation.