Parenting Time and Decision Making Responsibility After Divorce in Canada
Facts checked against official sources on September 30, 2026
How parenting time and decision making responsibility work after divorce in Canada. What courts consider and how to prepare.
When children are involved in a divorce, the legal process becomes significantly more complex and the stakes are much higher. Canadian family law places the best interests of the child at the centre of every decision about parenting arrangements, and the 2021 amendments to the Divorce Act introduced substantial changes to the terminology, framework, and factors that courts use when making these decisions. This article provides a comprehensive overview of how divorce affects children under Canadian law, including the new terminology, the best interests factors, parenting plans, family violence considerations, relocation rules, and child support obligations.
The 2021 Terminology Changes
Under the current Act, "parenting time" refers to the time that a child spends in the care of a parent, regardless of whether that parent has the child for a few hours or several weeks. During their parenting time, a parent has the responsibility to make day-to-day decisions about the child. "Decision making responsibility" refers to the authority to make significant decisions about the child's wellbeing, including decisions about health, education, culture, language, religion, and significant extracurricular activities. Decision making responsibility can be allocated to one parent, shared between both parents, or divided by subject area.
| Old Term (deprecated) | New Term (2021) | What It Means |
|---|---|---|
| "Custody" | Decision making responsibility | The authority to make significant decisions about the child's welfare, education, health, and other important matters |
| "Sole custody" | Sole decision making responsibility | One parent has the authority to make all major decisions about the child |
| "Joint custody" | Joint decision making responsibility | Both parents must consult and agree on major decisions |
| "Access" | Parenting time | The time a child spends in the care of each parent, including both routine and holiday schedules |
| "Access parent" | Parent with parenting time | Both parents are recognized as parents with parenting time, not as a primary parent and a visitor |
The Best Interests of the Child
Section 16(3) of the Divorce Act sets out a comprehensive list of factors that courts must consider when determining what arrangement is in the best interests of a child. These factors are not ranked in order of importance. The court considers all of them together, giving appropriate weight to each based on the specific circumstances of the family. The 2021 amendments expanded this list significantly to provide more guidance to both courts and parents.
Best Interests Factors Under Section 16(3)
Family Violence
The 2021 amendments gave family violence a prominent role in the best interests analysis. Section 16(4) of the Divorce Act sets out specific factors that the court must consider when there is evidence of family violence. The definition of family violence in the Act is broad and includes physical abuse, sexual abuse, threats, harassment, psychological abuse, financial abuse, and the failure to provide necessities of life. Importantly, it also includes exposing a child to family violence, even if the violence is directed at the other parent rather than at the child.
Family Violence Factors Under Section 16(4)
Parenting Plans
Section 16.6 of the Divorce Act encourages parents to develop a parenting plan that addresses how parenting time and decision making responsibility will be exercised. A well crafted parenting plan can reduce conflict, provide predictability for children, and help parents focus on their children's needs rather than on their dispute with each other.
A comprehensive parenting plan typically covers the regular schedule (school days and weekends), holiday and vacation schedules, arrangements for birthdays and special occasions, communication between the child and each parent (including phone and video calls), rules about introducing new partners, transportation arrangements, how decisions about health, education, and extracurricular activities will be made, a process for resolving future disagreements (such as mediation), and how the plan will be reviewed or modified as the child grows.
Key Elements of a Parenting Plan
Relocation
One of the most significant changes in the 2021 amendments is the introduction of detailed relocation provisions. Section 16.9 of the Divorce Act requires a parent who wants to relocate (move to a place that would have a significant impact on the child's relationship with the other parent or any other person with a significant role in the child's life) to give at least 60 days written notice to the other parent and to any other person who has parenting time or decision making responsibility.
Provide 60 Day Written Notice
The relocating parent must give at least 60 days written notice to the other parent and any other person with parenting time or decision making responsibility. The notice must include the expected date of the move, the new address, and a proposal for how parenting time and decision making responsibility would be exercised after the relocation.
Other Parent Responds
The other parent has 30 days to respond. They can consent to the relocation, object to it, or propose alternative parenting arrangements. If the other parent objects, they must file a motion with the court within 30 days of receiving the notice.
Court Application (If Objected)
If the relocation is contested, either parent can bring the matter to court. The court will consider all of the best interests factors, the reasons for the relocation, the impact on the child's relationship with the other parent, and whether the proposed new parenting arrangements are workable.
Burden of Proof is Determined
Under section 16.93, the burden of proof depends on the existing parenting arrangement. If the relocating parent spends the vast majority of parenting time with the child, the burden is on the objecting parent to show that the relocation is not in the child's best interests. If parenting time is substantially equal, the burden is on the relocating parent to show that the relocation is in the child's best interests. In all other cases, both parents bear the burden of demonstrating what is in the child's best interests.
Court Decision
The court makes a decision based on the best interests of the child. The court may allow the relocation with modified parenting arrangements, deny the relocation, or impose conditions. If the court denies the relocation, the parent may choose to remain in the current location or may move without the child, in which case the parenting arrangements would be modified accordingly.
Child Support
Section 11(1)(b) of the Divorce Act imposes a specific obligation on the court: before granting a divorce, the court must satisfy itself that "reasonable arrangements" have been made for the support of any children of the marriage, having regard to the Federal Child Support Guidelines. This means that a divorce cannot be finalized unless the court is confident that the children will be adequately supported.
Child support in Canada is calculated primarily based on the paying parent's income and the number of children, using the Federal Child Support Guidelines tables. For a detailed breakdown of how amounts are calculated, see our child support guide. These tables set out a base amount of support that is presumptively correct. In addition to the base amount, parents may share "special or extraordinary expenses" (sometimes called "section 7 expenses" after that section of the Guidelines), which include things like childcare, health insurance premiums not covered by a plan, extraordinary extracurricular activities, post-secondary education, and other expenses agreed to by the parents or ordered by the court.
Key Principles of Child Support
| Principle | Details |
|---|---|
| Right of the child | Child support is the right of the child, not the receiving parent. It cannot be waived by agreement between the parents. |
| Income based calculation | The base amount is determined by the paying parent's gross annual income and the number of children, using the Federal Child Support Guidelines tables. |
| Shared parenting adjustment | If parenting time is roughly equal (at least 40% with each parent), the court may adjust the support amount using section 9 of the Guidelines. |
| Special expenses | Extraordinary expenses (childcare, medical, educational, extracurricular) are shared in proportion to each parent's income. |
| Ongoing obligation | Child support generally continues until the child reaches the age of majority (18 or 19 depending on the province) or longer if the child is pursuing post-secondary education or is unable to become self-supporting. |
| Modifiable | Child support orders can be varied if there is a material change in circumstances, such as a significant change in income or parenting time. |
Sample Monthly Amounts (Ontario, 2025 tables)
Ontario, 2025 tables (in force October 1, 2025).
Orders and agreements made before October 1, 2025 aren't updated automatically. To change an existing order, you need an agreement, a court variation or a recalculation service (Justice Canada).
Protecting Children During Divorce
Beyond the legal framework, the wellbeing of children during a divorce depends heavily on how their parents manage the transition. Research consistently shows that the most damaging factor for children is not the divorce itself, but ongoing parental conflict. Children who are exposed to frequent, intense conflict between their parents are at higher risk for emotional and behavioural difficulties.
Practical Steps to Support Children Through Divorce
When Agreement is Not Possible
Not all parents can reach agreement on parenting arrangements. When negotiation and mediation fail, the court will make the decision based on the best interests factors outlined above. In highly contested cases, the court may appoint an expert assessor (sometimes called a custody and access assessor, also called a parenting evaluator) to conduct an independent assessment and provide recommendations. The court may also appoint a lawyer for the child (known as an Office of the Children's Lawyer appointment in Ontario) to ensure the child's voice is heard.
Court proceedings involving children can be lengthy and expensive. The emphasis in the 2021 amendments on family dispute resolution reflects the recognition that collaborative processes generally produce better outcomes for children than adversarial litigation. If you are unable to reach agreement with the other parent, ask your lawyer about options like parenting mediation, collaborative family law, or arbitration before resorting to a trial. You may also want to understand how spousal support works alongside child support. If you're looking for a family lawyer who handles parenting matters, browse family lawyers across Canada.
Resources
Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))
Government of Canada, Justice Laws Website
Parenting After Separation or Divorce
Department of Justice Canada
Child Support Table Look up
Department of Justice Canada
Federal Child Support Guidelines
Department of Justice Canada
This information is for general educational purposes only. It does not constitute legal advice. Always consult a qualified family lawyer for advice about your specific situation.
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This content is for informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances. Consult a qualified family lawyer for advice specific to your situation.
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