Patrice Samuel Robinson
Understanding Child Custody and Parenting Time in Canada
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Understanding Child Custody and Parenting Time in Canada

March 27, 2026

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When parents separate or divorce, the question of how children will be cared for is often the most emotional and consequential issue. Canada's family law framework has been updated to reflect a modern, child-centred approach — and understanding the terminology and process is essential for every parent.

The New Terminology

Canada's Divorce Act was updated in 2021 to replace the terms "custody" and "access" with new concepts:

  • Decision-making responsibility — The authority to make significant decisions about a child's health, education, cultural upbringing, language, religion, and major extracurricular activities.
  • Parenting time — The time a child spends in the care of a parent, including periods when the child is at school or daycare.
  • Contact — Time spent with people who are important to the child but are not parents, such as grandparents.

    • Types of Decision-Making Responsibility

    Joint Decision-Making

    Both parents share the authority to make major decisions about the child together. This arrangement works best when parents can communicate and cooperate effectively.

    Sole Decision-Making

    One parent has the authority to make all major decisions. This may be appropriate when cooperation is difficult or when there are safety concerns.

    Divided (Parallel) Decision-Making

    Each parent is responsible for specific areas — for example, one parent handles health decisions while the other handles education decisions.

    Types of Parenting Time

    Shared Parenting Time

    The child spends at least 40% of their time with each parent. This designation is also relevant for calculating child support.

    Majority Parenting Time

    The child spends more than 60% of their time with one parent.

    Supervised Parenting Time

    In situations where there are safety concerns, a court may order that parenting time be supervised by a trusted individual or a professional at a Supervised Access Centre.

    The Best Interests of the Child

    All parenting arrangements in Canada must be based on the "best interests of the child." Factors the court considers include:

  • The child's physical, emotional, and psychological needs.
  • The nature and strength of the child's relationship with each parent.
  • Each parent's willingness to support the child's relationship with the other parent.
  • Any history of family violence.
  • The child's views and preferences, if appropriate for their age and maturity.
  • The child's cultural, linguistic, and religious heritage.

    • Creating a Parenting Plan

    Parents who can agree on arrangements can create a parenting plan that covers where the child will live, how time is divided, how decisions are made, holiday and vacation schedules, and how future disagreements will be resolved.

    How a Personal Legal Service Plan Can Help

    A Personal Legal Service Plan gives you access to a lawyer who can explain the law, help you negotiate a parenting arrangement, draft or review a parenting plan, and protect your rights and your child's best interests.

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