Virtual Visitation Rights in Ontario: 2026 Complete Guide to Video Call Parenting Time

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Ontario divorce law

Ontario courts routinely include virtual visitation provisions in parenting orders, allowing parents to maintain meaningful contact with their children through video calls, FaceTime, Zoom, and other electronic communication methods. Under Divorce Act, R.S.C. 1985, c. 3, s. 16.1(4)(c), courts may include in any parenting order requirements for communication between a child and a parent during allocated parenting time, including electronic and virtual communication methods. Ontario courts have ordered virtual visitation lasting a minimum of 15 minutes per session in cases like M.P.M. v. A.L.M. (2022 ONSC 3775), establishing clear precedent for enforceable video call parenting time.

Key Facts: Virtual Visitation in Ontario

What Is Virtual Visitation Under Ontario Law

Virtual visitation in Ontario is court-ordered electronic communication between a parent and child using video calls, phone calls, text messages, or other digital platforms during periods when the child is physically with the other parent. Under the Divorce Act, R.S.C. 1985, c. 3, s. 16.1(4)(c), Ontario courts have explicit authority to include communication provisions in parenting orders that specify how, when, and through what means a parent may communicate with their child outside of allocated in-person parenting time. Virtual visitation supplements physical parenting time but never replaces it entirely.

Ontario adopted the terminology changes from the 2021 Divorce Act amendments, which took effect March 1, 2021. The terms "custody" and "access" were replaced with "parenting time" and "decision-making responsibility." Virtual communication provisions fall under the broader category of parenting orders, which courts may customize to address each family's specific circumstances under Divorce Act s. 16.1(4)(d).

The Children's Law Reform Act, R.S.O. 1990, c. C.12, s. 24 mirrors these federal changes for provincial matters, ensuring consistent terminology whether parents are divorcing (federal jurisdiction) or separating without divorce (provincial jurisdiction). Both statutes require courts to determine parenting arrangements based solely on the best interests of the child, considering all relevant factors including each parent's ability to communicate and cooperate on parenting issues.

How Ontario Courts Order Virtual Visitation

Ontario courts include virtual visitation provisions in parenting orders when geographical distance, work schedules, or other circumstances limit a parent's ability to exercise regular in-person parenting time. The court in M.P.M. v. A.L.M. (2022 ONSC 3775) ordered that the father "shall have video access to the children using Skype, FaceTime, WhatsApp or such other application as counsel may agree on their behalf, for a minimum of fifteen minutes" on specified days each week. This case demonstrates that Ontario courts will specify the platform, duration, and frequency of virtual parenting time.

Parenting orders with virtual visitation provisions typically include the following elements:

• Specific days and times for video calls (e.g., every Wednesday at 7:00 PM and every other Sunday at 5:00 PM)
• Minimum duration requirements (commonly 15-30 minutes per session)
• Approved platforms (FaceTime, Zoom, Skype, WhatsApp video, Google Meet)
• Responsibility for providing devices and internet access
• Consequences for non-compliance or interference

Under Divorce Act s. 16(3), courts must consider the child's best interests as the only consideration when making parenting orders. The court examines factors including the child's needs given their age and stage of development, the nature and strength of the child's relationship with each parent, and each parent's willingness to support the child's relationship with the other parent. Virtual visitation orders reflect the court's determination that maintaining regular contact serves the child's best interests even when in-person time is limited.

Legal Framework: Divorce Act and Children's Law Reform Act

Ontario virtual visitation operates within a dual legal framework depending on whether parents are divorcing or separating without divorce. The federal Divorce Act, R.S.C. 1985, c. 3 governs married couples seeking divorce, while the provincial Children's Law Reform Act, R.S.O. 1990, c. C.12 applies to unmarried parents and married parents not seeking divorce. Both statutes were amended effective March 1, 2021, to harmonize terminology and principles.

Section 16.1(4) of the Divorce Act authorizes parenting orders that include:

1. Decision-making responsibilities (major decisions about education, health, religion, extracurricular activities)
2. Parenting time (the schedule when the child is in each parent's care)
3. Communications between the child and persons with parenting time or decision-making responsibility
4. Any other matter the court considers appropriate

The third element—communications—provides the statutory foundation for virtual visitation orders. Courts interpret this provision to encompass video calls, phone calls, text messages, email, and other electronic communication methods. Section 16.1(4)(d) gives courts broad discretion to tailor parenting orders to each family's circumstances, including specifying technology platforms, devices, and implementation details for virtual contact.

The maximum contact principle, codified in Divorce Act s. 16(6), requires courts to give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. However, the Ontario Superior Court in Bressi v. Skinulis confirmed that best interests always take priority—there is no presumption of equal parenting time, and maximum contact does not mean equal time. Virtual visitation often serves as a tool to implement the maximum contact principle when geographical distance or other factors limit in-person time.

Comparison: Virtual Visitation vs. In-Person Parenting Time

Ontario courts consistently emphasize that virtual visitation cannot replace in-person parenting time. In M.P.M. v. A.L.M. (2022 ONSC 3775), the court noted that video calls supplement but never substitute for physical time with a parent. The value of virtual visitation lies in maintaining continuity of contact between in-person visits, allowing children to share daily experiences, and preserving the parent-child bond when physical distance creates barriers.

Under Divorce Act s. 16.2, a parent with allocated parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. This authority does not extend to virtual visitation periods—the parent physically present with the child retains decision-making authority for daily matters even during scheduled video calls. Virtual visitation grants communication access, not parenting time in the technical legal sense.

Filing for Virtual Visitation: Court Process and Fees

Ontario parents seeking virtual visitation provisions file their application in either the Ontario Superior Court of Justice (Family Court Branch) or the Ontario Court of Justice, depending on the nature of their case and location. Divorce applications must be filed in Superior Court, while parenting applications under the Children's Law Reform Act may be filed in either court. Filing fees differ significantly between these venues.

Ontario Superior Court of Justice filing fees for divorce applications total $669 (as of January 2026). This amount is paid in two installments: $224 when filing the initial Application (Form 8A) and $445 when filing the Affidavit for Divorce requesting the final order. An additional $10 federal fee payable to the Central Registry of Divorce Proceedings is required under the Divorce Proceedings Regulations. Parents seeking only a parenting order (not divorce) pay different fees based on the specific application type.

The Ontario Court of Justice charges no filing fees for family proceedings, making it an accessible option for unmarried parents or those with limited financial resources. Parents receiving Ontario Works, ODSP, or meeting low-income thresholds may apply for fee waivers in Superior Court proceedings—if approved, the entire $669 fee is waived.

To obtain a virtual visitation order, the application should specifically request provisions for electronic communication and specify the proposed schedule, platforms, and duration. Courts expect parties to propose detailed arrangements rather than requesting vague "reasonable phone contact." Specific proposals demonstrate preparedness and make enforcement easier if compliance issues arise later.

Best Interests of the Child: The Governing Standard

Every Ontario court decision regarding virtual visitation must satisfy the best interests of the child standard established in Divorce Act s. 16(2) and Children's Law Reform Act s. 24(1). The court gives primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. Virtual visitation arrangements that enhance the child's relationship with the non-residential parent while maintaining stability generally receive court approval.

Section 16(3) of the Divorce Act lists factors courts must consider, including:

• The child's needs given their age and stage of development
• The nature and strength of the child's relationship with each parent, siblings, and grandparents
• Each parent's willingness to support the child's relationship with the other parent
• The history of care of the child
• The child's views and preferences, giving due weight considering their age and maturity
• The child's cultural, linguistic, religious, and spiritual upbringing and heritage
• Any family violence and its impact on the ability and willingness of any person who engaged in the violence to care for the child

As Justice Tobin stated in Ontario family law proceedings, "the list of best interest factors is not a checklist to be tabulated with the highest score winning. Rather, it calls for the court to take a holistic look at the children, their needs and the people around them." Courts examine whether virtual visitation will genuinely benefit the child rather than simply satisfying a parent's desire for contact.

Virtual visitation may be limited or denied when family violence has occurred. Under Divorce Act s. 16(4), the court must consider whether any person has been violent toward the child, a family member, or any other person and how that violence affects the child's best interests. The court might not allow virtual visitation if contact could expose the child to psychological harm or if the non-violent parent's safety would be compromised by facilitating video calls.

Technology Requirements and Platform Selection

Ontario courts do not mandate specific technology platforms for virtual visitation but commonly approve FaceTime, Zoom, Skype, WhatsApp video, Google Meet, and Microsoft Teams. The Department of Justice Canada recommends using clear subject lines for email communications and keeping parenting messages separate from financial discussions. Parents should ensure children have access to devices and reliable internet connections during scheduled virtual parenting time.

When drafting virtual visitation provisions for court approval, parents should address:

• Primary and backup platforms (in case of technical difficulties)
• Device ownership and responsibility (who provides the tablet, phone, or computer)
• Internet connection costs (especially if one parent has limited resources)
• Privacy settings and screen recording policies
• Location requirements (quiet space away from distractions)
• Adult supervision needs based on child's age
• Technical support arrangements

The M.P.M. v. A.L.M. case illustrates enforcement challenges when technology cooperation fails. Despite having a court order requiring video access "using Skype, FaceTime, WhatsApp or such other application as counsel may agree," the father received no visual contact with his children for over two years because the mother either did not answer calls or pointed the camera at the ceiling. Ontario courts treat such obstruction seriously and may impose consequences including cost awards, variation of parenting time, or contempt findings.

Enforcement When Virtual Visitation Is Denied

Ontario courts enforce virtual visitation orders with the same authority as in-person parenting time orders. When one parent interferes with court-ordered video calls, the other parent may bring a motion for contempt of court, seek a variation increasing their in-person parenting time, request cost awards against the non-compliant parent, or ask the court to appoint a parenting coordinator. The Family Law Rules, O. Reg. 114/99, govern motion procedures and enforcement applications.

In M.P.M. v. A.L.M., the court rejected the mother's claim that her PTSD prevented compliance with video access orders. The court emphasized that parents have a duty to comply with court orders, particularly those serving children's best interests. The mother's pattern of non-compliance—including failing to answer calls, not requiring children to participate, and pointing the camera at the ceiling—demonstrated willful obstruction rather than technical or medical impossibility.

Documentation strengthens enforcement applications. Parents should keep records of:

• Dates and times of attempted video calls
• Screenshots showing unanswered or declined calls
• Duration of successful calls versus ordered minimum time
• Messages sent requesting virtual parenting time
• Responses (or lack thereof) from the other parent
• Child's statements about why calls did not occur

Drafting Effective Virtual Visitation Provisions

Effective virtual visitation provisions in Ontario parenting orders specify clear schedules, minimum durations, approved technology, and compliance expectations. Vague language like "reasonable telephone contact" invites disputes and complicates enforcement. Courts and family law practitioners recommend detailed provisions that leave little room for interpretation.

A comprehensive virtual visitation clause might include:

"The children shall have video contact with [Parent] every [specify days] at [specify time] for a minimum of [specify duration] minutes. [Other Parent] shall ensure the children have access to a functioning device with camera, microphone, and stable internet connection in a quiet location. [Other Parent] shall encourage the children to participate in video calls and shall not interfere with scheduled contact. Approved platforms include FaceTime, Zoom, Skype, and WhatsApp video. If technical difficulties prevent a scheduled call, [Other Parent] shall notify [Parent] immediately and the parties shall reschedule within 24 hours."

The Department of Justice Canada advises keeping electronic communications courteous and child-focused. Messages should be short and direct, with numbered points for multiple issues. Parents should avoid including new partners or family members in exchanges and should address parenting issues separately from financial matters. These practices reduce conflict and support successful virtual visitation implementation.

Special Circumstances: Long-Distance and International Cases

Virtual visitation becomes particularly important when parents live in different provinces or countries. Ontario courts recognize that geographical separation may make frequent in-person parenting time impractical or impossible, making electronic communication essential for maintaining the parent-child relationship. The maximum contact principle under Divorce Act s. 16(6) supports robust virtual visitation schedules when physical distance limits in-person time.

Long-distance parenting orders often include:

• Extended summer and holiday in-person parenting time (2-4 weeks or more)
• Frequent virtual visitation between in-person visits (daily or every-other-day video calls)
• Provisions addressing time zone differences (specifying "7:00 PM Ontario time" vs. child's local time)
• Travel cost allocation between parents
• Passport and travel consent requirements
• Make-up provisions for missed in-person time

International cases involving children at risk of wrongful removal may include restrictions on virtual visitation to prevent a parent from using video calls to pressure children about relocation or to gather information facilitating abduction. Courts balance the benefit of contact against safety concerns, particularly when Hague Convention issues arise. Ontario is bound by the Hague Convention on the Civil Aspects of International Child Abduction, and courts consider flight risk when designing parenting arrangements.

Frequently Asked Questions

Can Ontario courts order FaceTime parenting time as part of a parenting order?

Yes, Ontario courts have explicit statutory authority under Divorce Act s. 16.1(4)(c) to include communication provisions in parenting orders, including FaceTime and other video call requirements. The case M.P.M. v. A.L.M. (2022 ONSC 3775) demonstrates courts ordering video access via "Skype, FaceTime, WhatsApp or such other application" for a minimum of 15 minutes on specified days. Courts treat FaceTime parenting time as enforceable contact that supplements in-person parenting time.

How much does it cost to file for virtual visitation in Ontario?

Ontario Superior Court filing fees total $679 for divorce applications ($669 provincial fees plus $10 federal registry fee), paid in two installments: $224 at initial filing and $455 when requesting the final order. The Ontario Court of Justice charges no filing fees for family proceedings under the Children's Law Reform Act. Fee waivers are available for parents receiving Ontario Works, ODSP, or meeting low-income thresholds. As of January 2026—verify current amounts with your local court clerk.

Can virtual visitation replace in-person parenting time completely?

No, Ontario courts consistently hold that virtual visitation supplements but never replaces in-person parenting time. Video calls cannot substitute for physical presence, shared activities, and hands-on parenting that build the parent-child relationship. Courts may order extensive virtual visitation when distance makes frequent in-person contact impossible, but will still typically require some in-person parenting time, even if limited to extended holiday periods.

What happens if my co-parent refuses to facilitate video calls?

Ontario courts enforce virtual visitation orders as seriously as in-person parenting time orders. If your co-parent refuses to facilitate court-ordered video calls, you may file a motion for contempt, seek costs against the non-compliant parent, or request variation of the parenting order to increase your in-person time. In M.P.M. v. A.L.M., the court rejected a mother's excuse that PTSD prevented compliance, emphasizing the duty to follow court orders serving children's best interests. Document every denied call with screenshots and timestamps.

How long should virtual visitation sessions last for children?

Ontario courts typically order virtual visitation sessions lasting 15-60 minutes depending on the child's age, attention span, and the frequency of calls. The M.P.M. v. A.L.M. court ordered "a minimum of fifteen minutes" per video call. Younger children (under 6) may benefit from shorter, more frequent calls (10-15 minutes daily), while older children can sustain longer conversations (30-45 minutes) less frequently. Courts expect parents to propose age-appropriate schedules.

Do I need a lawyer to get virtual visitation included in my parenting order?

While self-represented litigants can request virtual visitation provisions, family law lawyers ensure provisions are comprehensive, enforceable, and address potential compliance issues. Ontario's Superior Court filing fee of $669 is the same whether you hire a lawyer or proceed pro se. Legal Aid Ontario provides assistance for qualifying low-income parents. Complex cases involving domestic violence, substance abuse, or international elements particularly benefit from legal representation.

Can my child refuse virtual visitation with the other parent?

Ontario courts consider children's views and preferences under Divorce Act s. 16(3)(e), giving weight appropriate to the child's age and maturity. However, children cannot unilaterally refuse court-ordered contact. The residential parent has a duty to encourage participation in video calls and may face enforcement consequences for allowing children to refuse without legitimate cause. Courts examine whether the residential parent has influenced the child's reluctance or whether genuine concerns warrant order modification.

What technology platforms do Ontario courts approve for virtual visitation?

Ontario courts commonly approve FaceTime, Zoom, Skype, WhatsApp video, Google Meet, and Microsoft Teams for virtual visitation. Courts do not mandate specific platforms but expect parents to agree on accessible, reliable technology. Parenting orders often list multiple approved platforms (e.g., "Skype, FaceTime, WhatsApp or such other application as the parties may agree") to provide flexibility when technical issues arise with one service.

How do time zones affect virtual visitation schedules?

When parents live in different time zones, Ontario courts specify whether scheduled virtual visitation occurs at Ontario time or the child's local time. Orders should clearly state "7:00 PM Eastern Time" rather than simply "7:00 PM" to avoid disputes. Courts expect parents to accommodate reasonable time zone differences, though virtual visitation should not occur at times that disrupt the child's sleep, schoolwork, or activities.

Can virtual visitation be ordered during a pending divorce?

Yes, Ontario courts may include virtual visitation provisions in interim parenting orders under Divorce Act s. 16.1(2) while divorce proceedings are pending. Interim orders ensure children maintain contact with both parents during the often-lengthy divorce process. The same best interests standard applies to interim and final orders. Courts may later modify virtual visitation provisions in the final divorce judgment based on how the interim arrangement functioned.