Following separation, disputes may arise over where the children will live, how much time they will spend with each parent, who will make important decisions and how holidays, school schedules and extracurricular activities will be handled.
These disagreements can be stressful, particularly when each parent believes that their proposed arrangement is best for the children. Understanding how parenting disputes are addressed under Ontario family law can help parents make informed decisions and avoid unnecessary conflict.
What is Decision-Making Responsibility and Parenting Time?
Decision-making responsibility concerns who has the authority to make significant decisions about a child’s well-being, including decisions relating to:
- health care;
- education;
- culture, language and religion; and
- significant extracurricular activities.
Decision-making responsibility may be allocated to one parent, shared between the parents or divided by subject. For example, one parent might make educational decisions while both parents participate in medical decisions.
Parenting time refers to the periods during which a child is in parent’s care, regardless of whether the child is physically with that parent at every moment. Parenting arrangements may range from a primary-residence schedule to approximately equal parenting time, depending on the child’s circumstances.
The Best Interests of the Child
The court must decide parenting issues based on the child’s best interests.
The child’s physical, emotional and psychological safety, security and well-being are the court’s primary consideration. Other factors include:
- the child’s age, needs and need for stability;
- the child’s relationship with each parent, siblings and other important people;
- the history of the child’s care;
- each parent’s plans for the child;
- each parent’s ability to meet the child’s needs;
- the child’s views and preferences, where appropriate;
- each parent’s willingness to support the child’s relationship with the other parent;
- the parents’ ability to communicate and cooperate; and
- any family violence and its effect on the child.
A child should have as much time with each parent as is consistent with their best interests. However, this does not create a presumption of equal parenting time. The appropriate schedule depends on the individual child and family.
What Evidence Matters in a Parenting Dispute?
Courts look for reliable evidence showing how each proposed arrangement would affect the child. This may include, among other things, the parenting responsibilities each parent performed before and after separation, the child’s school, daycare and activity schedules, communications between the parents, records of parenting exchanges and more.
Parents should keep records that are organized, factual and focused on the child. The court generally will not consider a parent’s past conduct unless that conduct is relevant to their parenting time, decision-making responsibility or the child’s well-being.
Creating a Detailed Parenting Plan
A parenting plan can reduce uncertainty by setting out how parenting responsibilities will operate after separation, including the weekly schedule of how parenting will be divided, pick up and drop off arrangements and how future disagreements will be resolved. A parent requesting substantial parenting time should be able to explain how they will manage transportation, work commitments, school attendance, childcare and the child’s activities.
A court may incorporate a parenting plan agreed upon by the parents into a parenting order unless the plan is not in the child’s best interests.
What Happens When the Parents Cannot Agree?
Where an agreement cannot be reached, either parent may ask the court to make a parenting order. Depending on the case, the court may make temporary arrangements while the proceedings continue and a final order after the evidence has been fully considered.
Parents may continue negotiating throughout the court process. Starting a court case does not necessarily mean that the matter must proceed with trial. Ontario’s family-court process includes conferences and other opportunities to narrow or resolve the issues.
Conclusion
Decision-making responsibly and parenting time will depend on the child’s particular needs and circumstances. Parents should obtain legal advice early, particularly before changing an established schedule, relocating with a child or signing a final parenting agreement. A family lawyer can help identify the relevant evidence, develop a workable parenting proposal and determine whether negotiation, mediation or court proceedings are the most appropriate next step.
Attention Legal Counsel: Professional Mediation Services
When your clients have reached an impasse in settlement discussions, Andrew Feldstein offers third-party mediation services specifically designed for cases where both parties have independent legal representation.
Why lawyers refer cases to Andrew:
• 30+ years family law litigation experience providing courtroom-informed reality testing
• Expertise in complex financial matters including business valuations and professional corporations
• Efficient, structured process that respects counsel’s time and maintains client relationships
• Flexible scheduling including virtual mediation and travel to counsel offices
Cases we handle: Negotiation stalemates, complex asset division, support calculation disputes, parenting arrangements, multi-jurisdictional matters, and post separation modifications.
Refer your next mediation: Call Andrew directly at 905-415-1635 ext. 255 or email info@separation.ca. Virtual and in-person sessions available throughout the GTA.
Categories: Divorce and Separation, Child Custody, Parenting Time, Decision-Making Responsibility, Best Interests of the Child