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Family Law · Parenting

Parenting Time and Decision-Making Lawyer in Ajax

Ontario law now speaks of parenting time and decision-making responsibility rather than custody and access. Every arrangement is measured against one test: the best interests of the child.

Who this helps

Parents and other caregivers who need a parenting plan, want to change an existing arrangement, or are dealing with a dispute over where the children live, how decisions are made, or a proposed move.

How parenting decisions are made

Decision-making responsibility covers significant decisions about a child's health, education, culture, language, religion and significant extracurricular activities. Parenting time is the time a child spends in each parent's care. Courts apply the Divorce Act for married parents and the Children's Law Reform Act for others, and consider factors including the child's needs, relationships, views and preferences, history of care, and any family violence.

Relocation

A parent who plans to move in a way that would significantly affect the child's relationship with the other parent must generally give at least 60 days' written notice. The other parent can object. Get advice before you move or agree to a move.

The process

  1. Consultation to understand your family and your goals.
  2. Proposing a parenting plan or responding to one.
  3. Negotiation or mediation, with court as a backup.
  4. A parenting agreement or court order that sets out schedules and decision-making.

Documents to bring

  • Any existing parenting agreement or court order
  • A summary of the current schedule and who has handled the children's care
  • School, medical or daycare information relevant to the issues
  • Messages or records about missed visits or safety concerns, if any

Fees

We accept Legal Aid Ontario certificates for eligible family law matters. If you are not using a certificate, we explain the fee arrangement and give you a written estimate or quote before any work starts. Court filing fees and other disbursements are explained separately.

Next step

Book a consultation. See our family law services in Ajax and across Ontario.

Frequently asked questions

At what age can a child decide where to live?
There is no fixed age in Ontario. A child's views and preferences are considered and given weight according to the child's age and maturity, but the decision rests on the child's best interests.
Can parenting time be shared equally?
Yes, where that serves the child's best interests. Courts aim for each parent to have as much time as is consistent with the child's best interests.
What if the other parent won't follow the order?
You can bring a motion to enforce it. Keep a record of missed or late exchanges and get advice before withholding time yourself.

General information only, not legal advice. Every situation is different; book a consultation for advice on yours.

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