Parenting Time
Parenting time, formally known as “Access”, is time spent with the children by either parent. The Court has a strong presumption that it is important for children to have as much contact with each parent as possible so long as the same is within their best interests.This is known as the “Maximum Contact Principle”. The Supreme Court of Canada in Young v. Young, established that this principle is to be applied from a child-focused perspective involving the right of the child to “the benefits of a free and open relationship which permits the child to know the access parent as he or she is.”
Despite the foregoing, parenting time in Ontario is usually a point of contention between parents after separation. Conflict usually arises around who the children will live with (primary residence) and how much time will the children spend with either parent, if any. If parents cannot agree on this, the Court may be required to make this decision.
Time spent with the children if any, may or may not be in accordance with a set schedule or it can be described as “generous and liberal time as agreed to between the parents”. Courts have often recognized the advantage of the certainty of having a set parenting schedule in place as it provides the children with stability which is generally seen as being in their best interests.
There are different types of parenting schedules, here are the most popular two:
- Primary parenting time – this is where the children reside with one parent primarily and have visitations with the other parent on a set schedule. For example, every other weekend with one overnight visit during the “off” week.
- Shared parenting – this is when each parent would have the children in their care for at least 40% of the time. For example, “week on” “week off” or on a 4 days on and 3 days off rotation.
If the parties require judicial intervention, the overarching test is that of the best interests of the children. The Court may need third party evidence (Office of the Children’s Lawyer and Section 30 Assessments) to assist the judge in making a determination.
Our experienced family lawyers at Noori Law understand that your children are your universe. We have extensive experience in handingly all child-related issues in Etobicoke including: child protection, Children’s Aid Society (CAS), the Office of the Children’s Lawyer and Section 30 assessments.
Call us now to discuss your matter.
Commonly Asked Questions About Parenting Time
Will I automatically get custody if I am the primary caregiver?
While a parent’s history of caregiving is a significant factor, the court looks at a broader picture, including each parent’s ability to foster the child’s relationship with the other parent, their communication skills, and overall stability.
Can a child choose which parent to live with?
The court may consider a child’s preferences, especially as they grow older, but it does not treat these wishes as decisive. The weight given to the child’s voice depends on their age, maturity, reasoning, and whether their preference appears free from undue influence. Courts often request a Voice of the Child report or involve child psychologists to assess this.
How can I change an existing custody arrangement?
You must show a material change in circumstances that affects the child’s well-being. This could include relocation, changes in the child’s needs, one parent becoming unavailable, or ongoing conflict. The court requires evidence and may order professional evaluations before granting a change.
What happens if the other parent violates a custody order?
Violating a court order may result in legal consequences, including contempt proceedings, police enforcement, or a change in custody. The court may also consider whether the violation harmed the child. If your co-parent is not complying with the order, document everything and seek legal advice before taking unilateral action.
Can grandparents or other relatives get custody or access?
Yes, in some cases. Courts may grant decision-making responsibility or parenting time to grandparents or other relatives if it serves the child’s best interests. The applicant must prove a strong, ongoing relationship with the child and that parental involvement is either absent or harmful.