Child Access & Custody

Child custody (now called Decision-Making Responsibility) refers to the legal responsibility for a child’s care and decision-making. In Ontario, custody is determined based on the child’s best interests, with factors such as emotional ties, stability, and the child’s wishes (depending on age and maturity) being taken into account. There are different types of custody arrangements:

• Sole Custody – One parent has the legal authority to make major decisions regarding the child’s upbringing.

• Joint Custody – Both parents share decision-making responsibilities.

• Shared Custody – Both parents have the child for at least 40% of the time, affecting child support obligations.

• Split Custody – If there are multiple children, each parent has custody of at least one child.

Child access (now called Parenting Time) refers to the right of a non-custodial parent to spend time with their child. Even if one parent has sole custody, the other parent is usually entitled to access unless there are safety concerns. Access arrangements include:

• Reasonable Access – Flexible arrangements agreed upon by both parents.

• Fixed Access – A structured schedule outlining specific times and dates for visits.

• Supervised Access – Visits take place under supervision due to concerns about the child's safety or well-being.

• No Access – In rare cases, a parent may be denied access if it is deemed harmful to the child.

Courts consider various factors when deciding custody and access arrangements, including but not limited to:

• The child’s best interests and emotional well-being.

• The child’s relationship with each parent.

• Each parent’s ability to provide care, stability, and support.

• The child’s preferences (depending on age and maturity).

• Any history of abuse or neglect.

Custody and access orders are not necessarily permanent. If there is a significant change in circumstances—such as relocation, changes in the child’s needs, or concerns about the child’s safety—modifications can be requested through the court.