Ontario courts determine parenting arrangements based exclusively on the best interests of the child, with primary consideration given to the child's physical, emotional, and psychological safety under Divorce Act, R.S.C. 1985, c. 3, s. 16. The total court filing fee for divorce applications involving parenting arrangements is $669, paid in two installments of $224 and $445. Either spouse must be ordinarily resident in Ontario for at least one year before filing. Under the 2021 amendments to the Divorce Act, Ontario replaced "custody" and "access" with "decision-making responsibility" and "parenting time" to focus on children's needs rather than parental rights.
| Key Fact | Details |
|---|---|
| Filing Fee | $669 total ($224 + $445 installments) |
| Residency Requirement | 1 year ordinary residence in Ontario |
| Shared Parenting Threshold | 40% minimum time with each parent |
| Relocation Notice | 60 days advance notice required |
| Voice of Child Report | $1,951-$3,250 average cost |
| Full Parenting Assessment | $5,086-$10,000 average cost |
| Mediation First 2 Hours | Free through court-connected services |
| Governing Legislation | Divorce Act (federal) + Children's Law Reform Act (provincial) |
What Are Parenting Arrangements Under Ontario Law?
Parenting arrangements in Ontario encompass both decision-making responsibility and parenting time, replacing the former concepts of custody and access as of March 1, 2021. Under Divorce Act, R.S.C. 1985, c. 3, s. 16.1, decision-making responsibility grants authority to make significant decisions about a child's education, health, religion, and extracurricular activities. Parenting time refers to the schedule determining when a child resides with each parent. Ontario courts must consider 14 specific factors when determining these arrangements, with the child's physical, emotional, and psychological safety serving as the primary consideration under Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 24.
The terminology shift reflects a fundamental change in family law philosophy across Canada. Rather than framing disputes as battles over who "wins" custody, Ontario law now focuses on how parents will share responsibilities and time with their children. This approach recognizes that children benefit from meaningful relationships with both parents in most circumstances, while prioritizing safety in cases involving family violence or other risk factors.
Types of Decision-Making Responsibility in Ontario
Ontario recognizes three primary types of decision-making responsibility arrangements: joint, sole, and parallel (divided). Under Divorce Act, R.S.C. 1985, c. 3, s. 16.3, courts may allocate decision-making to be shared between spouses, assigned exclusively to one parent, or divided by subject area. Joint decision-making responsibility requires both parents to consult and agree on major decisions affecting the child. Sole decision-making responsibility grants one parent exclusive authority over all major decisions. Parallel decision-making divides responsibility by category, such as one parent handling health and religious decisions while the other manages education.
Joint decision-making responsibility works best when parents communicate effectively and can set aside personal conflicts to focus on their children's needs. Courts typically order sole decision-making responsibility when there is evidence of family violence, a history of one parent undermining the other's relationship with the child, or demonstrated inability to cooperate on important decisions. Parallel arrangements offer a middle ground, allowing each parent autonomy in specific areas while reducing the need for ongoing negotiation.
Factors Courts Consider for Decision-Making Responsibility
Under Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 24(3), Ontario courts evaluate each parent's willingness to support the child's relationship with the other parent, the history of care arrangements, each parent's ability to meet the child's needs, and the child's own views and preferences weighted according to age and maturity. Courts also consider family violence and its impact on parenting capacity under Divorce Act, R.S.C. 1985, c. 3, s. 16(3). The 2021 amendments specifically require courts to consider coercive and controlling behaviour as a form of family violence, even when no physical violence has occurred.
Understanding the 40% Rule for Shared Parenting Time
Shared parenting time in Ontario occurs when a child spends at least 40% of the year with each parent, triggering special child support calculations under Section 9 of the Federal Child Support Guidelines. This 40% threshold equals approximately 146 days annually, or roughly 4.5 days per week averaged over a year. The set-off method calculates child support in shared parenting situations by determining what each parent would pay under the tables, then having the higher-income parent pay the difference to the lower-income parent.
For example, if Parent A earns $80,000 annually and would owe $710 monthly for one child under the tables, while Parent B earns $50,000 and would owe $439 monthly, the set-off calculation results in Parent A paying $271 monthly to Parent B. However, the Supreme Court of Canada clarified in Contino v. Leonelli-Contino that the set-off is a starting point, not an automatic entitlement. Courts must consider the actual spending pattern of each parent, the child's needs in each household, and the ability to maintain consistent standards of living across both homes.
Common Parenting Time Schedules
| Schedule Type | Time Split | Description | Best Suited For |
|---|---|---|---|
| Alternating Weeks | 50/50 | Child switches homes every 7 days | Teens, parents living close together |
| 2-2-3 Rotation | 50/50 | Two days with each parent, then 3-day weekend alternates | Younger children needing frequent contact |
| 2-2-5-5 Schedule | 50/50 | Two days each, then 5 days alternating | School-age children, predictable routines |
| 4-3 Schedule | 57/43 | Four days with one parent, three with other | Near-equal time with stability |
| Primary Residence + Weekends | 70/30 | Weekdays with one parent, weekends with other | Long commutes, young children |
| Long Weekend Schedule | 60/40 | Every weekend plus one weekday with secondary parent | Work schedule conflicts |
Ontario Court Filing Fees and Costs for Parenting Disputes
Ontario requires $669 in court filing fees for divorce applications that include parenting arrangements, paid in two installments. The initial filing of Form 8A (Divorce Application) costs $224, while the Affidavit for Divorce submission costs $445. An additional $10 federal registry fee applies for the Central Registry of Divorce Proceedings. Fee waivers are available for recipients of Ontario Works, ODSP, or those meeting low-income thresholds established by the Ministry of the Attorney General.
Beyond filing fees, parenting disputes can incur significant additional costs. Process server fees range from $85 to $170. Voice of the Child reports average $1,951-$3,250 for up to two children. Full Section 30 parenting assessments through private assessors cost $5,086-$10,000 on average, with some complex cases exceeding these amounts. Legal representation for an uncontested divorce with agreed parenting arrangements typically costs $1,500-$5,000, while contested parenting disputes requiring trial can reach $20,000-$50,000 or more.
Cost Breakdown: Contested vs. Uncontested Parenting Cases
| Expense Category | Uncontested | Contested |
|---|---|---|
| Court Filing Fees | $669 | $669 |
| Federal Registry Fee | $10 | $10 |
| Process Server | $85-$170 | $85-$170 |
| Legal Fees | $1,500-$5,000 | $20,000-$50,000+ |
| Voice of Child Report | Usually unnecessary | $1,951-$3,250 |
| Section 30 Assessment | Usually unnecessary | $5,086-$10,000 |
| Mediation | $5-$150/hour after first 2 hours | Often required |
| Total Estimated Cost | $2,264-$5,849 | $27,800-$63,429+ |
Residency Requirements for Parenting Orders in Ontario
Under Divorce Act, R.S.C. 1985, c. 3, s. 3(1), either spouse must have been ordinarily resident in Ontario for at least one year immediately before filing a divorce application. Ordinary residence means your habitual and customary place of living where you regularly return after temporary absences. Vacations, business trips, and short-term relocations do not interrupt ordinary residence if you intend to return to Ontario. If neither spouse meets the residency requirement, Ontario courts lack jurisdiction to grant the divorce or make parenting orders under the Divorce Act.
For unmarried parents or those seeking parenting orders without divorce, the Children's Law Reform Act applies without the one-year residency requirement. Under Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 22, Ontario courts have jurisdiction if the child is habitually resident in Ontario at the time of application. This distinction matters for recently-arrived families or those where parents were never married.
The Best Interests of the Child Standard in Ontario
Ontario law mandates that parenting arrangements serve exclusively the best interests of the child under both Divorce Act, R.S.C. 1985, c. 3, s. 16(1) and Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 24(1). The child's physical, emotional, and psychological safety, security, and well-being constitute the primary consideration. Courts must evaluate 14 specific factors, including the child's needs given their age and developmental stage, the nature and strength of the child's relationships with each parent, siblings, and other significant people, each parent's willingness to support the child's relationship with the other parent, and the child's own views and preferences.
The court in Bressi v. Skinulis confirmed there is no presumption in favour of equal parenting time or joint decision-making responsibility. Maximum parenting time with both parents is a goal, not a presumption, and must yield to best interests considerations. Courts consider family violence history, coercive and controlling behaviour, criminal proceedings or orders, and civil protection orders when assessing safety. Ontario courts apply different factors depending on whether the case involves married parents (Divorce Act) or unmarried parents (Children's Law Reform Act), though the standards are nearly identical.
Relocation Rules Under the Divorce Act
Parents with parenting time or decision-making responsibility must provide at least 60 days advance written notice before relocating under Divorce Act, R.S.C. 1985, c. 3, s. 16.9(1). The notice must include the expected relocation date, the new address, a proposal for revised parenting arrangements, and contact information. The recipient must respond within 30 days. If no response is received and the current order does not prohibit relocation, the relocating parent may proceed. If the other parent objects, court permission is required.
The burden of proof shifts depending on the existing parenting arrangement under Divorce Act, R.S.C. 1985, c. 3, s. 16.93. When parents have substantially equal parenting time, the relocating parent must prove the move serves the child's best interests. When the child spends the vast majority of time with the relocating parent, the opposing parent must prove the relocation would harm the child's best interests. Courts may waive or modify notice requirements when there is a risk of family violence.
Voice of the Child and Parenting Assessments
Ontario offers two primary methods for incorporating children's perspectives into parenting disputes: Voice of the Child (VOC) reports and Section 30 parenting assessments. VOC reports typically take 30 days or less to complete at a cost of $1,951-$3,250, focusing specifically on presenting the child's views and preferences without making recommendations. Section 30 assessments under Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 30 are comprehensive evaluations taking 60-120 days, costing $5,086-$10,000, conducted by psychologists or social workers who interview all family members and provide recommendations.
The Office of the Children's Lawyer (OCL) provides court-ordered assessments through clinicians who prepare reports within 60 days for focused assessments or 90-120 days for full reports. OCL services are funded by the province, eliminating cost barriers for families who qualify. Children's lawyers advocate specifically for the child's expressed views and preferences, while clinicians conduct investigations and prepare clinical reports with recommendations. Courts give weight to children's views based on age and maturity, with older teenagers' preferences typically receiving significant consideration.
Family Mediation Services in Ontario
Ontario provides court-connected family mediation services at all family court locations through the Ministry of the Attorney General. The first two hours of mediation are free, covering intake and screening. After the initial period, fees range from $5 to $150 per hour based on an income-based sliding scale. Mediation addresses parenting arrangements, child support, spousal support, and property division outside the courtroom. Family mediators must complete 21 hours of intimate partner violence training and hold certification from ADR Institute of Ontario, Family Mediation Canada, or Ontario Association for Family Mediation.
Parenting coordinators assist high-conflict families after a court order or separation agreement is in place but implementation proves difficult. Parents sign two-year contracts authorizing the coordinator to mediate or arbitrate disputes as they arise. Coordinators interview children, observe family dynamics, and help parents develop improved communication skills. Closed mediation keeps discussions confidential and inadmissible in court, while open mediation allows the mediator to report findings to the court. Most mediation in Ontario is closed unless both parties agree otherwise.
Enforcement of Parenting Orders in Ontario
Ontario courts enforce parenting orders through various mechanisms under Divorce Act, R.S.C. 1985, c. 3, s. 16.5 and Children's Law Reform Act, R.S.O. 1990, c. C.12. If a parent fails to comply with a parenting order without reasonable excuse, the court may order make-up parenting time, require posting of a bond, order the non-compliant parent to pay costs, require the non-compliant parent to attend counselling, or modify the parenting arrangements. Serious violations can result in contempt of court findings, fines up to $5,000, or imprisonment for up to 90 days.
The Family Responsibility Office (FRO) enforces child support orders but does not enforce parenting time arrangements directly. Parents seeking enforcement must bring a motion to court, documenting specific instances of non-compliance. Courts distinguish between isolated incidents and patterns of interference. Repeated denial of parenting time without justification may result in a change of primary residence or a shift in decision-making responsibility. Police involvement is limited to cases involving immediate safety concerns or violations of restraining orders.
Proposed 2026 Changes to Parenting Arrangements Law
Bill C-223, introduced in January 2026 by Liberal MP Lisa Hepfner, proposes significant amendments prioritizing child safety and strengthening responses to domestic violence in parenting disputes. The bill explicitly rejects any presumption of equal parenting time where family violence is present. It aims to clarify that shared parenting should not be the default starting point when evidence shows abuse, coercive control, or safety concerns. The proposed legislation remains under parliamentary review as of March 2026.
The amendments build on the 2021 Divorce Act changes by further emphasizing family violence screening and risk assessment throughout parenting proceedings. Courts would be required to give greater weight to documented family violence history when determining both decision-making responsibility and parenting time. The bill reflects growing recognition that rigid equal-parenting presumptions can endanger children and abuse survivors. Practitioners and families should monitor legislative progress as these changes could significantly impact future parenting arrangement determinations.
How to Apply for Parenting Arrangements in Ontario
Parents can apply for parenting orders through the Ontario Superior Court of Justice (Family Court) using online portals or paper filings. The Justice Services Online portal handles filings outside Toronto, while the Ontario Courts Public Portal serves the Toronto region. Form 8 (Application for General Family Court) initiates proceedings for unmarried parents, while Form 8A (Divorce Application) combines divorce and parenting claims for married couples. Required documents include a completed application, financial statement (Form 13 or 13.1), and parenting affidavit detailing proposed arrangements.
The mandatory information program requires both parents to attend a session about the impact of separation on children before proceeding. Conference stages include case conferences, settlement conferences, and trial management conferences designed to encourage resolution without trial. Approximately 90% of Ontario family cases settle before trial through negotiation, mediation, or collaborative law processes. Self-represented litigants can access duty counsel services for limited advice and Family Law Information Centre resources at courthouse locations throughout the province.
Frequently Asked Questions
How is parenting time different from decision-making responsibility in Ontario?
Parenting time refers to the physical schedule when a child resides with each parent, during which that parent makes day-to-day decisions. Decision-making responsibility grants authority over major decisions including education, health care, religion, and significant extracurricular activities under Divorce Act, R.S.C. 1985, c. 3, s. 16.1. A parent can have substantial parenting time without decision-making responsibility, or vice versa.
What percentage of time qualifies as shared parenting in Ontario?
Shared parenting time in Ontario requires each parent to have at least 40% of parenting time annually, approximately 146 days per year under Section 9 of the Federal Child Support Guidelines. This threshold triggers the set-off method for child support calculations. Parents with 50/50 schedules clearly meet this threshold, while 60/40 arrangements like the 4-3 schedule also qualify.
Can a parent refuse to allow parenting time in Ontario?
A parent cannot unilaterally deny court-ordered parenting time without facing enforcement consequences under Children's Law Reform Act, R.S.O. 1990, c. C.12. Courts may order make-up time, costs, counselling, or in serious cases, change the primary residence. However, a parent may temporarily withhold a child if there is genuine and immediate safety concern, but must immediately seek court guidance.
How much notice is required before relocating with a child in Ontario?
Parents must provide at least 60 days written notice before relocating under Divorce Act, R.S.C. 1985, c. 3, s. 16.9(1). The notice must include the relocation date, new address, and proposed revised parenting arrangements. The other parent has 30 days to respond. Courts may waive notice requirements when family violence creates safety risks.
What factors do Ontario courts consider for parenting arrangements?
Ontario courts evaluate 14 factors under Divorce Act, R.S.C. 1985, c. 3, s. 16, with the child's safety as the primary consideration. Key factors include the child's relationships with each parent, parental willingness to support the child's relationship with the other parent, the child's views and preferences, history of family violence, each parent's parenting capacity, and the child's cultural and linguistic heritage.
How much does a custody evaluation cost in Ontario?
Voice of the Child reports cost $1,951-$3,250 on average and take approximately 30 days. Section 30 parenting assessments cost $5,086-$10,000 through private assessors and take 60-120 days. The Office of the Children's Lawyer provides court-funded assessments for qualifying families, with focused reports taking 60 days and full reports taking 90-120 days.
Is there a presumption of equal parenting time in Ontario?
No presumption of equal parenting time exists in Ontario law. The court in Bressi v. Skinulis confirmed that maximum contact is a goal subject to best interests, not an entitlement. Courts determine parenting arrangements based solely on the child's best interests under Divorce Act, R.S.C. 1985, c. 3, s. 16(1), considering all relevant factors without starting from any assumed arrangement.
Can grandparents get parenting time in Ontario?
Grandparents and other significant people can apply for contact orders under Divorce Act, R.S.C. 1985, c. 3, s. 16.5 or Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 21. Courts consider the existing relationship, the child's views, and whether contact serves the child's best interests. Leave of court may be required before grandparents can bring an application in some circumstances.
How long does it take to get a parenting order in Ontario?
Uncontested parenting orders with agreement between parents can be finalized within 4-6 months. Contested cases requiring trial typically take 12-24 months from application to final order. Emergency motions for temporary parenting arrangements can be heard within days when safety concerns exist. Court backlogs and case complexity significantly impact timelines.