FAQ Child Custody/Parenting Time
Frequently Asked Questions (FAQ) – Child Custody/Parenting Time
Does Ontario still use the word "Custody"?
No. As of 2021, Ontario’s laws (the Children’s Law Reform Act) replaced “custody” with Decision-Making Responsibility. This shift was made to move away from the idea of “winning” a child and instead focus on the legal duty to make major decisions.
If I have the child 50% of the time, is that "Joint Custody"?
Legally, having the child at least 40% of the time is called Shared Parenting Time. This is different from decision-making. You can have a 50/50 time split but still have one parent responsible for all major medical or educational decisions.
At what age can my child choose where they want to live?
In Ontario, there is no “magic age” where a child decides. However, as a child gets older (typically 12+), the court gives their views and preferences significantly more weight. The final decision always rests on the “Best Interests of the Child” standard.
Can my ex-partner stop me from seeing my kids if they aren't paying child support?
No. In the eyes of the court, child support and parenting time are two separate issues. You cannot withhold time with the children as a “penalty” for missed payments. Doing so can negatively impact your own standing in court.
Phone Number
647-352-2245
Email Address
info@vakililaw.com
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