Introduction: Why Understanding These Terms Matters
If you’re going through a separation or divorce in Ontario and have children, few legal topics are as important—or as misunderstood—as decision-making responsibility and parenting time. These terms have replaced the older concepts of “custody” and “access,” yet many parents still aren’t sure what they actually mean. Getting it wrong can lead to avoidable conflict, legal delays, and decisions that may not serve your child’s best interests.
This guide explains what these terms mean, how Ontario law applies them, and what you need to know when negotiating a parenting arrangement. Whether you’re in the early stages of separation or modifying an existing agreement, this information is vital.
Parenting Time: The Modern Replacement for “Access”
Under Ontario family law, parenting time refers to the time a child spends in the care of a parent. Importantly, it’s not just about where the child physically is—it also includes when the parent is responsible for the child, even if the child is in school or at daycare. During this time, the parent has the right to make day-to-day decisions affecting the child.
If you’re working with family law lawyers in Barrie, you’ll often hear parenting time discussed in the context of what’s in the “best interests of the child.” This is the core principle courts use when evaluating or approving parenting arrangements.
We break down how these best interests are interpreted under Ontario’s updated Divorce Act in our blog on how new family law legislation impacts separation agreements, including examples of how courts weigh parenting time in the context of family dynamics and children’s needs.
Decision-Making Responsibility: Who Makes the Big Calls?
Decision-making responsibility refers to a parent’s authority to make major decisions about their child’s life. This includes major decisions regarding the child’s education, medical care, religion, and other significant matters. In the past, this was referred to as “custody,” but that term was often misunderstood and misused. The new terminology is meant to reduce conflict and emphasize parental roles rather than ownership.
Decision-making responsibility can take many different forms, but the most common are:
- Sole decision-making responsibility: One parent makes all major decisions.
- Joint decision-making responsibility: Both parents must consult and agree.
- Divided decision-making responsibility: Each parent is responsible for different areas (e.g., one handles education, the other medical decisions).
To help determine the right structure for your situation, speak with a family lawyer in Barrie. For many families, understanding each option is the first step toward a cooperative plan.
How Parenting Plans Work in Ontario
Separating parents are encouraged to create a parenting plan, either informally or as part of a formal agreement. Our blog on alternative dispute resolution in divorce explains how parenting plans are often reached through mediation or collaborative law, especially when both parents want to avoid litigation. It outlines common parenting issues resolved through these methods—like weekday transitions, holiday schedules, or limits on relocation—and how ADR supports child-focused planning.
A clear parenting plan helps reduce misunderstandings, provides stability for your children, and ensures everyone knows their roles and responsibilities. Parenting plans can include:
- Daily and holiday schedules
- Drop-off and pick-up logistics
- Communication parameters/expectations
- Rules for introducing new partners
- Guidelines for resolving disagreements
You don’t necessarily need to go to court to create a legally binding plan. Barrie family lawyers often help clients reach agreements through negotiation, mediation, or collaborative law.
What Happens if Parents Disagree?
Disagreements about parenting time or decision-making are common, but they don’t always have to end up in court. Many parenting plans and separation agreements include provisions outlining a dispute resolution process to be followed in the event of a disagreement. Typically, this process requires that parents attempt to resolve their dispute through negotiation and mediation before bringing the issue before the court, unless it is an emergency.
When to Involve the Court?
If dispute resolution fails or isn’t appropriate,it may be necessary to have the court decide. The judge’s primary concern will always be the best interests of the child. For a full breakdown of what Ontario courts consider in parenting decisions, review the provincial government’s page on parenting time and decision-making.
Some of the factors include:
- The child’s physical, emotional, and psychological safety
- The child’s views and preferences (depending on age and maturity)
- Each parent’s ability to meet the child’s needs
Court orders can be temporary or final, and either parent can apply to change them if circumstances materially change.
Modifying Parenting Arrangements
Life changes. Parents move, children grow older, and needs evolve. If your existing arrangement no longer works, you can apply to modify it. Courts will again look at what serves the child’s best interests. Barrie family law services can help you gather the evidence and documentation needed to support your request.
You can also update a parenting plan out of court if both parents agree. This is often faster, less stressful, and less expensive than going back to litigation.
Tips for Successful Co-Parenting in Ontario
Successful parenting after separation takes effort, patience, and sometimes professional support. Here are a few tips:
- Keep communication respectful and child-focused
- Be consistent with schedules
- Use written tools (e.g., shared calendars) to avoid misunderstandings
- Document important exchanges or incidents
Working with Barrie family lawyers can also help you stay compliant with legal requirements while focusing on what’s best for your child.
Know Your Rights, Protect Your Children
Understanding parenting time and decision-making responsibility in Ontario isn’t just about knowing the terms—it’s about shaping a stable, respectful, and cooperative post-separation family dynamic. Whether you need help drafting a parenting plan, revisiting your agreement, or going to court, the team at Chapman Steffler LLP can support you at every step.
For more detailed legal definitions and explanations from the federal government, visit the Department of Justice Canada’s page on parenting arrangements.
