Shared Parenting Time in Ontario: Rights, Rules, and Schedules

Separated parents in Ontario hear “shared parenting time” early in their case, often without a clear sense of what it actually involves. The Divorce Act, R.S.C. 1985, c. 3 defines it as any arrangement where a child lives with each parent at least 40% of the time across the year, which works out to about 146 days. 

Once parenting time crosses that 40% mark, a court can calculate child support differently under section 9 of the Federal Child Support Guidelines, which directly affects the financial picture for both households.

Parenting time and decision-making responsibility

Parenting time and decision-making responsibility operate as two separate legal questions. A parent can hold shared parenting time with a child while the other parent keeps sole decision-making responsibility over major choices about education, health, and religion. Extracurricular activities can also be included. 

Parents can also share decision-making responsibility even when one parent has the child for less than 40% of the time. 

How do Ontario Courts decide on Shared Parenting Time?

Ontario courts apply the best interests of the child test under section 24(2) of the Children’s Law Reform Act to every parenting time decision. There is no presumption in favour of equal or shared parenting time, so a court examines each family’s circumstances before making an order.

Factors that influence this decision include:

• Strength and stability of the child’s relationship with each parent
• Each parent’s ability to meet the child’s daily physical and emotional needs
• Distance between homes and its effect on school and social routines
• Child’s views and preferences, based on age and maturity
• Each parent’s willingness to support the child’s bond with the other parent
• Any history of family violence or conduct that undermines the other parent

4 Common shared parenting time schedules Ontario families use

• 2-2-3 schedule: Two days with one parent, two with the other, then three back with the first, rotating weekly. Works well for younger children who need frequent contact with both parents.
• 2-2-5-5 schedule: Each parent alternates a two-day block with a five-day block. Fewer transitions and a predictable pattern suit two working parents.
• 4-3 schedule: Four nights with one parent, three with the other each week. One parent gets slightly more time while both stay involved during the school week.
• Week on / week off: A full alternating week with each parent. Suits older children and works best when both homes sit close to the child’s school.

How Does the 40% Rule Affect Child Support in Ontario?

Section 9 of the Federal Child Support Guidelines, SOR/97-175 lets a court depart from the standard table amount once a parent has the child at least 40% of the time. Ontario’s Child Support Guidelines under the Family Law Act apply the same threshold.

Ontario courts weigh three factors before setting the amount:

1. Table amount each parent would pay based on their income
2. Increased costs a shared arrangement creates for both households
3. Means, needs, and circumstances of each parent and child

A large income gap between parents can keep support close to the table figure even in a true shared arrangement. The Federal Child Support Tables were updated on October 1, 2025, and those amounts apply to new calculations from that date. An existing order does not change on its own, though a significant gap between old and new amounts can qualify as a material change that supports a variation.

Trusted Co-Parenting Lawyer in the GTA

At Noori Law, we represent parents across the GTA in parenting time applications, child support disputes, and shared parenting arrangements. Noori Law provides a thorough legal assessment of your position before any decisions are made.

Please book a consultation to learn more.