Divorce with Children in Ontario: Custody, Access and Parenting Plans

When children are involved in a divorce, the stakes are higher and the process is more complex. Ontario law puts the best interests of the child at the centre of every parenting decision — and both parents, regardless of conflict, are expected to work toward arrangements that support their children's wellbeing.

At Easy Path Divorce, we help parents create thoughtful, detailed parenting plans as part of their separation agreements. This guide explains the key concepts and what to expect when navigating divorce with children in Ontario.

The Legal Framework: Changes Under Bill C-78

In 2021, Canada's Divorce Act was significantly amended. The terms "custody" and "access" have been replaced with decision-making responsibility and parenting time. These are not merely semantic changes — they reflect a shift toward language that focuses on parental responsibilities rather than ownership of children.

• Decision-making responsibility refers to the authority to make significant decisions about a child's life — education, healthcare, religious upbringing, and extracurricular activities
• Parenting time refers to the time a child spends in the care of each parent

Decision-making responsibility can be shared (both parents decide together), allocated (different parents responsible for different areas), or sole (one parent makes all significant decisions). Parenting time is independent of decision-making responsibility — a parent can have significant parenting time while decision-making is shared.

The Best Interests of the Child Standard

Every parenting arrangement in Ontario — whether agreed to by parents or ordered by a court — must be evaluated against the best interests of the child. The Divorce Act lists specific factors courts must consider, including:

• The child's physical, emotional, and psychological needs
• The child's relationships with each parent and other significant people
• Each parent's ability to care for and meet the child's needs
• The history of care — who has been the primary caregiver
• The child's cultural, linguistic, religious, and spiritual heritage
• The child's views and preferences (with appropriate weight given to age and maturity)
• Any family violence and its impact on the child and the affected parent
• Each parent's willingness to support the child's relationship with the other parent

Courts must not consider a parent's past conduct unless it is relevant to their ability to parent.

Creating a Parenting Plan

A parenting plan is a written document — usually part of a separation agreement — that sets out all arrangements for your children. A well-drafted parenting plan reduces conflict, provides certainty for the children, and protects both parents legally.

A comprehensive parenting plan should address:

• Regular parenting time schedule (including weekdays, weekends, and school holidays)
• Holiday schedule (Christmas, March Break, summers, birthdays, statutory holidays)
• Decision-making responsibility — how major decisions will be made and what happens when parents disagree
• Communication protocols between parents and children
• Pick-up and drop-off logistics
• How changes to the schedule are handled
• Dispute resolution (mediation before court, for example)

The more detail included in a parenting plan, the less room for future disputes.

Child Support

Child support is separate from parenting arrangements and is mandatory — it is the right of the child, not the parent, and cannot be waived. In Ontario, child support is calculated using the federal Child Support Guidelines, based on the paying parent's income and the number of children.

The amount depends on the parenting arrangement. In a primary residence arrangement (one parent has the child more than 60% of the time), the paying parent pays the table amount based on their province of residence and income. In a shared parenting arrangement (each parent has the child at least 40% of the time), the calculation is more complex and accounts for both parents' incomes and actual expenses.

Child support should always be included in your separation agreement or addressed in your divorce application.

Relocation: Moving with Children After Divorce

The 2021 amendments to the Divorce Act introduced a detailed framework for relocation — one of the most contentious issues in post-divorce parenting. A parent who wishes to relocate (move in a way that would significantly affect the child's relationship with the other parent) must:

• Provide at least 60 days' written notice to the other parent
• The other parent then has 30 days to object in writing
• If the other parent objects, the relocating parent must get a court order permitting the move

The burden of proof on the court application depends on the existing parenting arrangement. If the child lives primarily with the relocating parent, that parent must show the move is in the child's best interests. If parenting time is roughly equal, the relocating parent must show the move is in the best interests of the child.

What If We Cannot Agree on Parenting Arrangements?

Most parents are able to reach an agreement on parenting arrangements with the help of professionals. Options include:

• Negotiation directly or through professionals like Easy Path Divorce
• Mediation with a family mediator
• Collaborative family law involving lawyers trained in collaborative processes
• Court application as a last resort

We strongly encourage reaching an agreement outside of court — litigation is expensive, stressful, and unpredictable, and children are negatively affected by prolonged parental conflict.

How Easy Path Divorce Can Help

Our team helps parents across Ontario draft detailed, child-focused parenting plans and separation agreements that cover all aspects of co-parenting. We ensure that your agreement meets Ontario's legal requirements and protects your children's best interests.

Start your free consultation online, review our frequently asked questions, or call us at +1 (647) 678-4145. We are here to help your family move forward.