Parenting Time and Child Access in Ontario
When parents separate or divorce in Ontario, one of the biggest challenges is how children will divide their time between parents. Parenting time and child access are crucial family law issues that determine day-to-day care, stability, and the strength of parent-child relationships.
Recent changes in Canadian family law now emphasize the best interests of the child above everything else. This guide – prepared by the parenting time lawyers at Simple Divorce in Toronto – explains what parenting time means in Ontario, how it differs from child access, how courts decide these cases, and what parents should know about enforcement and supervised visits.
By the end, you’ll understand how parenting time works, what to expect from the courts, and when it’s wise to consult an experienced child access lawyer in Ontario.
What Is Parenting Time (Legal Meaning)?
Parenting time refers to the legally recognized periods when a child is in a parent’s care after separation or divorce. It includes any time – whether a few hours, overnight, or a full week. Parenting time is set out in a court order or a parenting plan, and it doesn’t have to be an equal 50/50 split.
During your parenting time, you can make routine, day-to-day decisions for your child. Even if you don’t have decision-making authority over major issues like schooling or medical care, you still have rights during your parenting time – including access to information about your child’s health and education.
Parenting time can be:
- Flexible (reasonable parenting time) – where parents work out schedules informally.
- Structured (fixed schedule) – with detailed rules about weekends, weekdays, holidays, birthdays, and school breaks.
The law now uses “parenting time” instead of older terms like “custody” and “access.” This ensures both parents’ time is valued and respected, even if one parent spends more time with the child. For parents navigating this transition, a parenting time lawyer in Toronto can help design a workable schedule that supports your child’s well-being.
How Courts Decide Parenting Time – Best Interests of the Child
If parents can’t agree, the court decides parenting time based solely on the best interests of the child.
Judges consider:
- The child’s need for stability and routine.
- Each parent’s ability to care for the child.
- The history of the child’s care (who has been the primary caregiver).
- The child’s relationships with parents, siblings, and extended family.
- The child’s own wishes (depending on age and maturity).
- Each parent’s willingness to encourage the child’s relationship with the other parent.
- Any concerns about family violence or safety.
There are no automatic rules. Courts do not assume equal time or full custody by default. Instead, they look at what arrangement will best support the child’s growth and security. If you’re facing a court dispute, consulting a skilled child access lawyer in Ontario is essential to ensure your rights and your child’s best interests are properly represented.
Landmark Case: Young v. Young (1993)
In Young v. Young, the Supreme Court of Canada considered whether a parent’s conduct during access (now called parenting time) could be restricted if it conflicted with the custodial parent’s wishes. The case involved a father who wanted to share his religious beliefs with his children during his visits, while the mother opposed this.
The Court ruled that parents have a right to spend meaningful time with their children, but that right is not unlimited. Parenting time must always serve the best interests of the child, not the wishes of either parent. The Court emphasized that even during access, a parent’s behaviour can be restricted if it harms the child’s welfare.
This case is a key precedent in Ontario and across Canada. It shows that while both parents are entitled to time with their children, the law prioritizes the child’s safety, stability, and emotional well-being above parental rights.
📌 Call to Action – Protect Your Parenting Rights
Are you facing a parenting time or child access dispute similar to Young v. Young? Don’t navigate it alone. The experienced child access lawyers in Toronto at Simple Divorce can help you protect your parenting rights while ensuring your child’s best interests remain the top priority.
- Speak with a trusted parenting time lawyer in Ontario today.
- Get practical advice, strong representation, and a clear legal strategy.
- Serving Toronto, Mississauga, Brampton, Vaughan, Markham, Scarborough, and beyond.
📞 Contact Simple Divorce now for a free consultation and let us guide you through your parenting time or access case with confidence and care.
Serving Toronto and Surrounding Areas – Contact Simple Divorce
At Simple Divorce, we proudly serve clients across Toronto and the GTA, including Mississauga, Brampton, Vaughan, Markham, Scarborough, and beyond.
We offer free consultations to discuss your case with an experienced child access lawyer in Toronto or parenting time lawyer in Ontario. Our team understands both the law and the local court systems, giving you the strong legal representation you need.
Take the next step: Contact Simple Divorce today to speak with one of the best parenting time lawyers in Ontario. We’ll help you create a parenting plan, enforce your parenting rights, or resolve disputes so you can focus on what matters most – your children.