The legal landscape for families in Ontario has shifted significantly. If you are a parent going through a separation in the GTA, you may still be using the terms “custody” and “access”—but the law no longer does.

As experienced family lawyers, we have seen how these changes in terminology reflect a deeper shift in how courts handle the most sensitive aspect of divorce: your children.

Moving Beyond “Custody”: Understanding the New Rules

In March 2021, amendments to the Divorce Act and Ontario’s Children’s Law Reform Act officially retired the old language. The goal was to remove the “win-lose” mentality that the word “custody” often created. Today, we focus on two distinct concepts:

1. Decision-Making Responsibility

This replaces the term “custody.” It refers to a parent’s legal right to make major, long-term decisions for a child, including:

• Health care: Treatments, surgeries, and dental care.
• Education: Choice of school or specialized programs.
• Religion and Culture: Heritage, language, and spiritual upbringing.
• Extra-curriculars: Significant activities that impact the child’s schedule and budget.

2. Parenting Time

This replaces the term “access.” It refers to the actual time a child spends in the care of a parent. Whether the child is with you for a weekend or living with you 50/50, it is all considered parenting time. During your time, you are responsible for the daily “micro-decisions”—what they eat, when they go to bed, and their daily routine.

The “Best Interests of the Child” Standard

In 2026, Ontario courts are more focused than ever on the Best Interests of the Child. Judges do not start with a “default” 50/50 split; instead, they look at a variety of factors to determine the best path forward:

• The child’s emotional ties to each parent.
• The history of care (who was the “primary” caregiver during the relationship?).
• The child’s views and preferences (depending on their age and maturity).
• Any presence of family violence or safety concerns.

Legal Tip: In the GTA, “Interim” (temporary) orders are often being treated as long-term realities. Because court backlogs can delay trials for years, the schedule set at your first hearing often becomes the “new normal.” Getting it right the first time is critical.

Why You Need a Strategy, Not Just a Schedule

Setting up a Parenting Plan is the modern way to resolve disputes. A well-drafted plan avoids future litigation by clearly outlining holiday rotations, travel consent, and how disagreements will be mediated.

In a high-stakes market like Toronto and the surrounding York and Peel regions, your living situation and work-commute logistics are also major factors that the court considers when approving a parenting schedule.

Protect Your Relationship with Your Children

Navigating the family court system in the GTA requires more than just knowing the law—it requires a child-focused strategy that protects your parental rights while minimizing conflict.

Whether you are looking to negotiate a collaborative separation agreement or need aggressive representation in a contested parenting dispute, our firm has the experience to obtain the best possible outcome for you.

Contact our GTA Family Lawyers Today

Don’t leave your children’s future to chance. Schedule a confidential consultation with an experienced family lawyer to discuss your parenting time and decision-making goals.

Call us at 647-352-2245 to schedule a free 15-minute confidential consultation or

Book a Consultation Today