What Are Different Kinds Of Parenting Arrangements in Canada?
One of the challenges of separation and divorce is adjusting to the times when your children stay with the other parent. That is not always the case. Depending on how responsible the other parent is, you can apply for sole or shared custody (one parent has fewer legal and physical responsibilities towards the child).
In Canada, the primary focus is on the best interests of the child, which means your province’s family court will make the final decision. It is your responsibility to submit all necessary documents and proof if you want a particular kind of child custody.
Child custody now called parenting time arrangement
Under Canadian family law, “custody” is no longer the primary legal term in many cases. Since March 1, 2021, the federal Divorce Act replaced custody and access with decision making responsibility and parenting time for married parents.
Parenting time refers to when a child is in a parent’s care, while decision making responsibility covers major decisions about health, education, religion, and welfare.
However, in Ontario family law cases involving unmarried parents, courts may still reference custody under the Children’s Law Reform Act, although judges increasingly use parenting language for consistency.
Here are 6 kinds of Parenting Time arrangements in Canada:
1. Joint Custody
In joint custody, both parents share responsibility for their child’s upbringing. They will need to cooperate and take a joint decision regarding the child’s health, education, and welfare. There are two main types of joint custody:
- Joint Legal Custody: Both parents have a say in decisions affecting the child.
- Joint Physical Custody: The child spends a substantial amount of time living with both parents, typically at least 40% of the time with each.
2. Sole Custody
Sole custody means one parent has the exclusive right to make decisions for the child. The child lives primarily with the custodial parent, while the non-custodial parent may have visitation rights.
It is often granted when one parent is deemed unfit or when parents aren’t cooperative with each other. In sole custody arrangements, the non-custodial parent typically retains the right to access information about the child’s health, education, and welfare. Sole custody can be changed into joint or shared custody if the other parent starts becoming responsible.
3. Shared Custody
In shared custody, children spend equal amounts of time with both parents. Both parents have significant, though not necessarily equal, amounts of time with the child.
Shared custody works well when parents live close to each other and are good at co-parenting. It is the best kind of custody because it lets the child stay connected with both parents and grow up surrounded by love.
4. Split Custody
Usually a rare occurrence, in split custody the children are divided between both parents such that each parent has full-time custody of one or two kids. It is preferred when the children are older and express a preference for living with different parents. It isn’t the best for younger kids as it separates siblings.
5. Parallel Parenting
In parallel parenting, each parent independently makes day-to-day decisions during their parenting time. It is designed to minimize direct communication and conflict but all important decisions must be taken together.
6. Bird’s Nest Custody
In bird’s nest custody, the child remains in the family home while the parents take turns living there. It is only possible when both parents can cooperate smoothly and can only be a temporary custody until the other parent finds permanent residence.
What happens when parents can’t agree on custody?
When parents disagree on custody, it falls to the court to decide based on the best interests of the child, a legal standard outlined in Section 24 of Ontario’s Children’s Law Reform Act and reinforced under the Divorce Act for federal cases.
This analysis goes far beyond income or who files first. Judges consider a range of factors:
- Bond between the child and each parent
- Each parent’s ability to provide a consistent daily routine
- Responsibilities parents handled by themselves before separation
- History of abuse, neglect, or exposing the child to conflict
- Child’s opinions (children over 12 years get a say over custody)
The court does not assume joint custody is always ideal. If cooperation is lacking, the court may lean toward sole or parallel parenting. Judges also weigh relocation issues, cultural continuity, and support networks like extended family.
Need help with child custody in Etobicoke? Noori Law is here for you. Contact us today for a consultation.
Frequently Asked Questions
How does a history of conflict between parents affect parenting time arrangements?
Ontario courts prioritize stability and the child’s emotional well being and views high conflict, poor communication, or repeated disputes as disturbances. It would lead the court to limit shared arrangements and order parallel parenting or primary parenting time with one parent.
Does equal parenting time mean both parents have equal decision making authority?
No, it does not. Parenting time relates only to when the child is in each parent’s care. Decision making responsibility is a separate legal concept covering major decisions about health, education, religion, and welfare. Courts may order equal parenting time while granting sole decision making authority to one parent if cooperation is limited or decision making conflict persists.
Can parenting arrangements be changed if a parent repeatedly violates the schedule?
Yes, repeated violations of a parenting schedule may justify a change to parenting arrangements. Courts view ongoing non compliance as evidence that the current arrangement is not workable or not in the child’s best interests. Remedies may include modifying parenting time, ordering make up time, imposing conditions, or, in serious cases, transferring primary parenting time.
