Redefining Custody and Access in Ontario: What Parents Need to Know

In Ontario, a big change to family law took effect on March 1, 2021. The old terms “custody” and “access” have been replaced with new terms: parenting time and decision-making responsibility. These changes aim to make the language around child custody less contentious, and more focused on what’s best for children, while encouraging parents to work together after a separation or divorce.

Here’s a simple breakdown of what these changes mean for families.

What Were “Custody” and “Access”?

In the past, family courts used the terms custody and access to describe how parents shared responsibility for their children after a separation or divorce:

• Custody referred to the parent’s right to make important decisions about the child’s life, such as where they go to school or what medical care they receive.
• Access referred to the time a parent spent with the child, or the schedule the children followed.

These terms often caused confusion and conflict, as one parent was seen as having more control over the child’s life than the other. This could create a “winner vs. loser” mindset, which wasn’t helpful for anyone, especially the child.

What Are the New Terms: “Parenting Time” and “Decision-Making Responsibility”?

To make things clearer and less combative, the Ontario family law system now uses the terms parenting time and decision-making responsibility.

1. Parenting Time

• Parenting time is now the term used to describe the time a parent spends with their child. It’s about being actively involved in the child’s daily life—such as feeding, helping with homework, or taking them to activities.
• Parenting time is not just about visiting the child. It’s about both parents being involved in the child’s upbringing, even if one parent spends more time with the child than the other.

2. Decision-Making Responsibility

• Decision-making responsibility refers to the rights and duties a parent has to make important decisions about the child’s life, like schooling, health care, and religious practices.
• Instead of one parent having “custody” of these decisions, both parents are encouraged to share responsibility, unless it’s not safe or healthy for the child.

Why Did the Terms Change?

The change in language was made to help reduce conflict between parents and to focus more on what’s best for the child. Here are a few key reasons for the change:

1. Less Conflict: The old words “custody” and “access” often made parents fight over who had more rights. The new terms encourage both parents to work together for the child’s benefit.

2. Better Focus on the Child: The new language puts the focus on the child’s needs, rather than on what rights each parent has.

3. Encouraging Cooperation: The change promotes teamwork between parents. It’s no longer about one parent being in charge or having “control” over the child. Instead, both parents are encouraged to share the role of raising their child.

4. Flexibility: The new terms allow for more flexibility. As children grow and their needs change, parenting time and decision-making responsibilities can be adjusted to reflect those changes.

5. Parenting Plans: Instead of arguing over custody or access, parents will create a parenting plan that outlines parenting time (how much time each parent spends with the child) and decision-making responsibility (how decisions will be made).

Conclusion

The change from “custody” and “access” to parenting time and decision-making responsibility helps parents focus on what’s best for their child and reduces the conflict that often comes with legal battles. By using these new terms, Ontario’s family law system encourages more cooperation, more flexibility, and a greater focus on the child’s well-being and best interests.

For more information about parenting time and decision-making responsibility, please contact our Family Law Group and we would be happy to help.

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