Understanding Parenting Time and Decision-Making Responsibility in Ontario Family Law (2025 Update)

Navigating parenting time and decision-making responsibility in Ontario can feel overwhelming—especially during the emotional upheaval of separation or divorce. But understanding these terms is essential. As of 2025, Ontario family law continues to prioritize child-centered, cooperative co-parenting. Whether you’re drafting a parenting plan or preparing for mediation, this guide will help you move forward with confidence, clarity, and compassion.

What Is Parenting Time—and Why Language Matters

Parenting time is the legal term that describes when a child is in the care of each parent. It replaced the old term “access” to better reflect a child’s right to meaningful time with both parents, not just a parent’s right to visits. During your parenting time, you’re responsible for day-to-day decisions and maintaining an active presence in your child’s life.

It’s important to know that equal parenting time isn’t guaranteed. The courts—and well-structured parenting plans—aim to serve the child’s best interests, which may not mean a 50/50 split.

Understanding Decision-Making Responsibility in 2025

Previously called "custody," decision-making responsibility refers to who has the authority to make major life decisions for your child. These typically involve:

• Education

• Medical care

• Religious or spiritual upbringing

• Extracurricular involvement

Parents may share this responsibility (joint decision-making), divide it by topic, or one parent may have sole authority. The arrangement depends on what promotes the most stability and well-being for the child. For many families, joint decision-making fosters cooperation—but it also requires strong communication and trust.

How Ontario Courts Decide Parenting Time and Responsibilities

In Ontario, both the Children’s Law Reform Act and Divorce Act prioritize the best interests of the child. A judge will consider:

• The child’s emotional and physical needs

• Relationships with each parent

• History of caregiving roles

• Each parent’s ability to communicate and cooperate

• The child’s cultural, linguistic, and spiritual upbringing

One Ontario judge summed it up this way in 2024: “This is no longer about who ‘wins.’ It’s about what the child needs to thrive.”

Can Parents Create Their Own Agreements? Absolutely.

Parents don’t have to go to court to create a parenting plan. In fact, Ontario family law encourages out-of-court resolutions through family mediation or collaborative family law. These tools can help you design a parenting arrangement that’s tailored to your family’s needs and dynamic.

Once finalized and filed, your agreement can be made into a legally binding court order. This not only protects everyone’s rights—it gives your child consistency and peace of mind.

Need help crafting a parenting plan? Learn more about our mediation services 

Enforcing or Updating Parenting Orders

Even with the best intentions, parenting agreements sometimes break down. If that happens, options include:

• Filing a motion to enforce the current order

• Requesting a police enforcement clause (in rare, serious situations)

• Returning to court to request a change based on the child’s evolving needs

However, going back to court isn’t always the best first step. A mediator can often help resolve disputes more quickly and with less conflict.

Helpful Resource: Department of Justice Canada – Parenting Arrangements

Why This Terminology Shift Matters in 2025

Using updated terms like “parenting time” and “decision-making responsibility” may seem like legal semantics, but it actually reflects a cultural shift. These changes emphasize the child’s well-being, not parental entitlements. When we adopt this mindset in our language—and in our plans—we reduce conflict and promote cooperation. And for parents trying to move forward after separation, that clarity can be healing.

Finding Peace in the Details 

I once worked with a couple, Sarah and Mark, who were at odds over everything from pick-up schedules to piano lessons. But through mediation, they realized their true shared goal: a calm, stable life for their daughter. We created a parenting plan that gave Sarah final say on healthcare and Mark oversight of extracurriculars, with shared decision-making on education. The clarity reduced their stress and their daughter’s anxiety. Sometimes peace doesn’t come from perfect agreement, but from a plan everyone can live with.

Next Steps: Support That Moves You Forward

Understanding parenting time and decision-making responsibility in Ontario is just the beginning. If you're unsure how to navigate your next step, whether it's mediation, creating a new plan, or enforcing an existing one, we're here to help.

Book your free 20-minute consultation today and take one step closer to peace, clarity, and a better path for your family.