Custody is the right to make major decisions for a child. Parenting time, once called access, is the time you spend with them. In Ontario both are decided on the best interests of the child, by agreement or by the court.
The law now uses these terms instead of custody and access. One is about choices, the other is about time.
The legal right and responsibility to make major decisions for a child, such as where they live, where they go to school, the medical treatment they receive, and the religion they practice.
The right to spend time with your children and to get information about their health, education and wellbeing. It does not give the right to make the major decisions.
They differ in who makes decisions and how the children divide their time.
| Arrangement | Decision making | Time with children |
|---|---|---|
| Sole | One parent | Usually mainly with that parent |
| Joint | Both parents together | Often a primary residence with one parent |
| Shared | Both parents together | Each parent at least 40 percent of the time |
| Split | Each parent for their child | Children divided between the parents |
Split custody is the least common. The views of older children can carry significant weight.
Settling out of court gives you the most control over the outcome.
When parents agree in writing, the court generally does not interfere. Mediation and negotiation by lawyers help you get there.
If parents cannot agree, the court decides. Going to court gives you the least control over the final arrangement.
Every decision is made on the best interests of the child. The court weighs the child needs, relationships and safety, and applies these statutes.
Custody, now called decision making responsibility, is the right to make major decisions. Access, now called parenting time, is the right to spend time with the children.
Sole, joint, shared and split. They differ in who makes decisions and how the children divide their time.
On the best interests of the child, applying the Divorce Act, the Family Law Act and the Children's Law Reform Act.
Yes. Many parents settle through a written agreement, mediation or negotiation, which gives you more control than court.
A family lawyer helps you build a parenting plan that protects your children and your relationship with them.
