Child Custody Lawyers And Visitation Agreements In Ontario

Custody refers to decision-making authority over a child’s upbringing, such as education, religion, and healthcare. Parenting time relates to the schedule of where and when the child spends time with each parent.

Ontario courts focus on the child’s best interests when determining custody and parenting time. Even if parents share decision-making equally, day-to-day schedules are worked out separately through parenting plans.

If parents cannot agree on custody, a court will decide based on the child’s best interests. Factors include the child’s relationship with each parent, each parent’s ability to provide care, and any history of family violence.

Courts prioritize stability, safety, and emotional well-being above parents’ wishes. Evidence such as parenting assessments, school reports, or testimony may be used to assist in making a decision.

Yes, custody orders and parenting plans can be changed if there is a material change in circumstances. Examples include a parent’s relocation, significant changes in the child’s needs, or safety concerns.

To request a change, a formal motion must be filed. Courts will again focus on the child’s best interests and whether the proposed change will promote stability or create unnecessary disruption.

Grandparents may apply for custody or access under Ontario’s Children’s Law Reform Act. Courts recognize the importance of maintaining relationships with extended family if it benefits the child.

However, the court’s focus remains on the child’s best interests, not the grandparent’s wishes. Cases involving grandparents must present strong evidence that continued contact would promote the child’s emotional health and well-being.

A move that affects the existing custody or parenting arrangement—called a “relocation”—must follow specific legal steps. The moving parent typically must provide written notice, and the other parent has the right to object.

If a dispute arises, a court will weigh factors such as the reason for the move, the impact on the child’s relationship with each parent, and whether relocation supports the child’s best interests.