Parenting Time & Legal Decision Responsibility: What’s the Difference?
Separating in Ontario? Learn the difference between parenting time (where your child spends time) and decision-making responsibility (who makes decisions).
If you’re reading this, chances are you’re going through a separation, a divorce, or a breakdown in co-parenting. That is often a stressful place to be. Having to wrap your head around new legal terminology, like parenting time and decision-making responsibility, doesn't make it any easier.
We’re here to help. Read on to learn the differences between parenting time and decision-making responsibility in Ontario and how those terms could impact your case moving forward.
What is the Difference Between Parenting Time and Decision-Making Responsibilities in Ontario?
Parenting Time (previously called ‘Access’) concerns where your child lives and who they spend their time with on a day-to-day basis.
Decision-Making Responsibility (previously called ‘Child Custody’) is the legal right to make major, long-term life choices for your child, such as decisions about their medical care, education, and religion.
We will explain each of these terms in more detail below.
Why Did the Terms ‘Custody’ and ‘Access’ Change?
On March 1, 2021, family laws in Ontario and across Canada received a much-needed update via changes to the Divorce Act. This included changing the term ‘child custody’ to ‘decision-making responsibility’ and ‘access’ to ‘parenting time.’
The change was made because lawmakers felt that the terms ‘custody’ and ‘access’ made parents feel like their children were prizes to be won or property to be controlled. The language was changed to turn the focus away from parental rights and redirect it entirely toward what actually matters: the child’s safety and best interests, and healthy parental cooperation.
To summarize:
Instead of Custody, we now say Decision-Making Responsibility.
Instead of Access, we now say Parenting Time.
Instead of Access (for a non-parent, like a grandparent), we now say Contact.
Decision-Making Responsibility: The "How" of Raising Your Child
Decision-making responsibility is the legal authority to make the major, long-term choices about your child's life and well-being, including:
Healthcare: Choices about medical treatments, surgeries, therapy, or specialized dental work.
Education: Choosing which school, they attend or whether they need tutoring or special education programs.
Religion & Spirituality: Deciding in which faith (if any) the child will be raised.
Culture & Language: Choices regarding their cultural upbringing, including Indigenous heritage.
Extracurricular Activities: Approving significant, highly involved activities like competitive sports or music lessons.
A common fear among parents is that if they don't have legal decision-making authority, they lose all say in their child's life. That isn't true. It is important to separate day-to-day routines from major life decisions.
When your child is staying with you, you are the parent. You are in charge of the daily decisions. For example, you decide their bedtime, what they eat for dinner, how much screen time they get, and how to handle daily discipline.
Types of Decision-making Arrangements (Custody Arrangements) in Canada
Depending on your family's dynamic and ability to communicate, decision-making responsibility can be structured in one of four ways.
Joint Decision-Making (Joint Custody): Both parents must consult, cooperate, and agree on the major choices. This is very common, but it requires parents to have a functional, respectful way of communicating. Judges will generally not order this if there is a history of high conflict or family violence.
Sole Decision-Making (Sole Custody): One parent has the right to make these major decisions on their own, without needing the other parent's permission.
Divided (Parallel) Decision-Making: Responsibilities are split by topic. For example, one parent might make all the medical decisions, while the other makes all the educational choices.
De Facto Decision-Making: This is a temporary situation in which parents live apart, the child lives full-time with one parent, and the other parent has accepted this arrangement.
However, without a formal written agreement or court order, these "unspoken" rules are extremely hard to enforce if an argument suddenly arises.
The Right to Information About Your Child
Even if your ex-partner has sole decision-making responsibility, as long as you have at least some parenting time, you still have the legal right to ask for and receive information about your child’s health, education, and general welfare.
For example, you have the right to see report cards from the school, speak to their teachers, and get updates from their doctor.
Parenting Time: The "When" and "Where" of Your Child's Life
Parenting time is the time your child spends in your care. This includes the time they are physically in your home, as well as the time they are at school or daycare during your scheduled days.
Types of Parenting Schedules
Shared Parenting Time: The child spends at least 40% of their time with each parent. (This 40% threshold is an important number, as it changes how child support is calculated).
Split Parenting Time: This applies to families with multiple children, where each parent has the majority of parenting time (over 60%) with at least one child.
Supervised Parenting Time: If there are genuine concerns about a child's safety (due to issues like severe substance abuse, untreated mental health crises, or threats of abduction), visits can still happen, but a safe third party must be present. This could be a trusted relative, a paid professional, or staff at a local Supervised Access Centre.
No Parenting Time: This is rare. A court will only deny a parent time with their child if there is clear proof of physical or emotional harm, and even supervised visits cannot guarantee the child's safety.
How Ontario Courts Decide Parenting Time and Decision-making Responsibility
If you end up in front of a judge, or even if you are working with a mediator, you might be wondering how they actually decide who gets what.
The answer comes down to one single rule: what is in the best interests of the child?
As an adult who is experiencing separation or divorce, it’s easy to get caught up in who did what during the relationship. But the court’s focus is almost entirely forward-looking. Their only job is to protect your child's well-being.
When making decisions about your family, a judge will look at:
Age and Needs: What a toddler needs for stability are very different from what a teenager needs.
The Status Quo: Who has historically been the primary caregiver? Courts generally prefer to preserve stability and reduce disruption to the child's existing routine.
Supporting the Other Parent: This is a big one. Courts look highly favourably on a parent who actively encourages their child to have a loving, positive relationship with the other parent.
The Child's Voice: Depending on their age and maturity, older children often have a say in where they want to live.
Family Violence: Any history of physical, sexual, psychological, or financial abuse is taken extremely seriously. The court will prioritize the safety of the child and the targeted parent more than anything else.
Sometimes, to get a clearer picture of what is truly best for the kids, a judge might ask for an independent assessment from a social worker or psychologist, or they might call on the Office of the Children’s Lawyer (OCL) to ensure that the child's voice is fairly represented.
What If We Want to Avoid Going to Court?
Many parents try to keep things simple by just working out a casual schedule over text messages or a verbal handshake. While it is wonderful if you can cooperate, informal agreements are incredibly difficult to rely on.
If an argument happens months down the road and the other parent decides to stop following your casual arrangement, the police and the courts cannot do much to help you unless you have a legally binding document.
Having a structured separation agreement or a formal Parenting Order gives both you and your children the predictability and protection you deserve.
Protecting Your Child's Future
You don’t have to figure this all out alone. If you are looking for advice on your specific situation, our team of experienced family law lawyers is here to help. Reach out to the team at McLeod Green Dewar and Associates today to book a confidential consultation. We can help you protect your rights and put your children first.
Frequently Asked Questions About Parenting Time and Decision-Making in Ontario
Why did ‘child custody’ get changed to ‘decision-making responsibility’ in Ontario?
On March 1, 2021, the terminology was changed under both federal and provincial laws to help reduce the conflict that so often comes with separation. The old words "custody" and "access" often made parents feel like they had to fight to win their kids, treating children like property. The new terms are designed to encourage teamwork, de-escalate tension, and keep the focus exactly where it belongs: on the child's developmental needs and well-being.
How often do fathers get 50/50 custody in Ontario?
Very often. There is no automatic legal rule requiring parenting time to be split exactly 50/50, but equal time is incredibly common today. The courts look strictly at what is best for the child. If a father has a history of active caregiving, lives reasonably close to the other parent, has a safe home environment, and can communicate cooperatively with his co-parent, a 50/50 shared schedule is often the result.
Do you pay child support if you have 50/50 custody in Ontario?
Yes, child support is almost always still a factor, even with a 50/50 split. Under the Federal Child Support Guidelines, if a child spends at least 40% of their time with each parent, it is legally considered "shared parenting." To calculate support in these situations, the court usually uses a "set-off" method. They look at what each parent would theoretically pay the other based on their respective incomes and then find the difference. They also factor in the very real costs of maintaining two separate, suitable homes for the children.
How hard is it to get full custody in Ontario?
What used to be called "full custody", which is now known as having sole decision-making responsibility and the majority of parenting time, is generally difficult to get. Ontario family courts operate on the belief that children generally do best when they have a meaningful, ongoing relationship with both parents. To be granted sole decision-making, you usually have to prove that joint decisions are impossible. This means demonstrating that the other parent is unfit, or that communication is so broken, high-conflict, or abusive that trying to co-parent would actively harm the child.
Who is most likely to ‘win’ a child custody case?
The family court system explicitly rejects the idea of parenting as a game to be "won" or "lost." What matters is the child’s best interests. Learn more about what the courts consider when it comes to determining child custody and access.
What is the best evidence for family court?
The best evidence is highly factual, chronologically organized, and focused entirely on the child's needs and well-being. Vague complaints or emotional accusations won't help your case. Instead, courts look for neutral, third-party documents like report cards, medical records, or emails from teachers. Written, respectful communication logs (such as text messages or a parenting app thread) that show you are genuinely trying to cooperate are incredibly powerful. A detailed historical calendar showing who actually handles daily routines is also excellent evidence. In more complex cases, a judge will also rely heavily on independent assessments from professionals like social workers or psychologists.
