Going through a separation or divorce is never easy, especially when children are involved. One of the most important decisions parents will face is how to care for their children.
In Ontario, and across Canada, children’s decision-making rights focus on what’s best for the them. The way the courts handle child custody cases has changed in recent years. That’s why it’s important to understand the legal process and avoid common mistakes.
What You’ll Learn in This Blog:
- What does child custody mean under Ontario and Canadian law
- Types of child custody
- How courts decide based on the best interests of the child
- Common mistakes to avoid during a custody battle
Understanding the Legal Basics
The Divorce Act was updated in 2021. These changes removed the old terms “custody” and “access.” Now, the law uses “parenting time” and “decision-making responsibility.” This shift focuses more on parenting responsibilities and less on which parent gets full control.
Creating a Parenting Plan
One of the best things parents can do is to create a parenting plan. This plan should explain where the child will live, how decisions will be made, and how parenting time will be shared.
A clear plan can reduce conflict and help parents work together. It also shows the court that both parents are putting the best interests of the child first. This matters in every custody case.
It’s also important to keep your child out of arguments. Don’t involve them in your conflict. Let them feel safe and supported.
Take a look at this parenting plan checklist for more details.
How the Courts Make Decisions
Family courts in Ontario look at many things before making a decision. They focus on the child’s safety, emotional health, and overall well-being. Judges will ask:
- Who is the primary caregiver?
- How strong is the parent-child relationship?
- Can the parents meet the child’s needs?
- Is there any risk of parental alienation?
Sometimes, the court may listen to the child’s preferences, depending on their age and maturity. The court can also appoint a mediator to help solve problems before making a final order.
Types of Custody in Ontario
Under Ontario’s Children’s Law Reform Act (CLRA), both parents are equally entitled to children’s decision-making responsibilities unless a court decides otherwise. If parents separate and one parent has the child with the other’s agreement, that parent has decision-making responsibility by default
In Ontario family law, there are several types of custody arrangements. These define how decisions are made and where the child lives. It’s important to know the difference between them so you can make the best choice for your family.
Let’s break down the key types: sole custody, joint custody, physical custody, legal custody, and shared custody.
Sole Custody vs. Joint Custody
These are two of the most common forms of custody arrangement in child custody Ontario cases.
- Sole custody means one parent makes all the major decisions about the child’s life. This includes schooling, health care, and other key matters. The child usually lives with this parent. The other parent may still have access rights or visitation rights in Ontario, but they do not share decision-making.
- Joint custody means both parents share the responsibility of making important decisions. This works best when parents can cooperate and communicate well. It doesn’t mean the child splits their time 50/50 between homes. Instead, it’s about how decisions are made.
Physical Custody vs. Legal Custody
Custody can also be divided into two parts: physical and legal.
- Physical custody is about where the child lives most of the time. The parent with physical custody handles the child’s day-to-day care. This includes meals, school, and daily routines.
- Legal custody is about the right to make major decisions. These decisions can include the child’s health, education, religion, and overall well-being.
In some cases, one parent may have sole physical custody while both parents share legal decision-making responsibility. That means one parent provides the home, but both still make big decisions together.
Shared Custody in Ontario
Shared custody is a special type of joint arrangement. It means the child spends at least 40% of their time with each parent. This is more than just regular visits. It allows both parents to be fully involved in raising the child.
Shared custody often works well when both parents can create a stable routine. Courts look for parenting schedules that help the child feel secure and supported.
What NOT to Do During a Custody Battle
Making the wrong move can hurt your case. That’s why it’s important to stay calm, follow the law, and avoid common mistakes.
1. Don’t Act Out Emotionally
It’s normal to feel angry, sad, or frustrated. But acting on those emotions, especially in front of your child or the other parent, can hurt you in court. Judges want to see that you can manage your emotions and focus on your parenting responsibilities.
Avoid yelling, threatening, or being aggressive. These actions can be used as evidence in family court and may affect your access rights or even lead to changes in your custody arrangement.
2. Don’t Skip Legal Help
One of the biggest mistakes parents make is trying to handle things on their own. Reading advice online can help, but it’s not enough. Every case is different.
Talk to a family law lawyer or a child custody lawyer who understands Ontario family law. They can guide you and help you avoid actions that could damage your case, especially when you’re dealing with issues like modifying custody orders or negotiating a separation agreement in Ontario.
3. Don’t Post on Social Media
It may seem harmless to post updates online, but during a custody dispute, it’s risky. Anything you post, even in frustration, can be brought up in court. This includes messages, pictures, and even deleted posts.
Lawyers can retrieve old content and use it as evidence. It’s best to avoid posting anything related to your custody battle, your ex, or even your emotions. Stay off social media or keep things neutral. If you’re unsure, speak to your lawyer before posting.
4. Don’t Start a New Relationship Too Soon
It’s okay to move on. But during a custody case, timing matters. Jumping into a new relationship right away can raise concerns in court. A judge may feel it’s too soon and could see it as disruptive for the child.
5. Don’t Move Too Far Away
After a tough breakup, it might feel right to start fresh somewhere else. But moving far from your ex can backfire. It makes co-parenting harder and adds stress to your child.
Judges want to see both parents involved in the child’s life. If the homes are too far apart, the court may decide it’s not in the child’s best interest. If you want shared custody or joint parenting time, staying nearby helps support that goal.
6. Don’t Fight With Your Ex
You don’t have to like your ex, but you do need to stay respectful. Family court judges are watching to see if you can work together for your child. Too much conflict may show that you can’t cooperate, which may hurt your case.
Avoid arguments. Don’t send angry texts or emails. If talking directly causes problems, let your lawyers communicate instead. The goal is to show that you can put your child first and act in a professional way, even if the situation is difficult.
Final Thoughts: Focus on the Child
Whether you’re dealing with shared custody, legal custody, or temporary custody orders, the goal should always be to support your child. Avoid unnecessary fights. Instead, try to make co-parenting work.
Custody decisions should never be about “winning.” They should be about protecting your child’s future. If both parents focus on the child’s needs, the outcome is usually better for everyone.
Quick FAQs
In Ontario, full custody means one parent gets all major decision-making rights. To get full custody, you must file an application through family court Ontario, either under the Divorce Act (if you’re divorcing) or the Children’s Law Reform Act (if you’re not married). The judge will only grant full custody if it clearly supports the child’s best interests.
In Canada, the court doesn’t automatically favor one parent over the other. Custody rights are based on what’s best for the child, not on who started the divorce or who earns more money.
In Ontario, the best interests of the child are the most important factor in any custody decision. The court looks at:
The child’s physical, emotional, and psychological needs
The child’s relationship with each parent
Each parent’s ability to care for the child
The child’s views and preferences (if they are old enough)
The stability of the home
Each parent’s willingness to support the child’s relationship with the other parent
Fathers can get sole custody in Ontario if it’s in the best interests of the child. The law treats mothers and fathers equally.
The main difference is in decision-making. In joint custody, both parents share the responsibility of making big decisions about the child’s life, like health care, education, and religion. In sole custody, only one parent has that right.
Joint custody does not always mean equal parenting time. Parents may share legal custody while the child lives mostly with one parent.
If parents can’t agree, the court will decide for them. The judge may appoint a court-appointed mediator or ask for a parenting assessment. In the end, the court issues a custody order based on the best interests of the child.
Disclaimer: The information provided in this blog is for general informational purposes only. It is not legal advice and should not be relied on as such.
