Child Custody in Ontario: What You Need to Know (2026 Guide)

When a relationship ends and children are involved, the questions that follow are often the most difficult ones a parent will ever face. Who will the children live with? How will decisions about their education, health, and upbringing be made? What rights does each parent have, and what does the law actually require?

Child custody in Ontario is governed by two pieces of legislation: the federal Divorce Act for married couples who are divorcing, and Ontario’s Children’s Law Reform Act for parents who were not married or who need to address parenting arrangements outside of a divorce proceeding. Understanding which law applies to your situation, and what it requires, is the first step toward reaching a fair arrangement for your children.

This guide explains how child custody works in Ontario in plain language, covering the types of custody arrangements, how courts make decisions, what a parenting plan is, how to navigate custody as a newcomer or multilingual family, and how to find a family lawyer in the GTA who can represent you clearly in your own language.

Custody Terminology in Ontario: What Has Changed

One of the first things to understand about child custody law in Ontario is that the terminology depends on which law applies to your situation.

The Divorce Act (Federal) — Married Couples

In March 2021, the federal Divorce Act was significantly amended. The terms ‘custody’ and ‘access’ were replaced with new language designed to better reflect the child-focused nature of parenting arrangements:

Under the amended Divorce Act, ‘decision-making responsibility’ refers to the authority to make significant decisions about a child’s life, including decisions about education, health care, religion, and extracurricular activities. ‘Parenting time’ refers to the time a child actually spends with each parent. These two concepts can be allocated differently, meaning one parent could have more parenting time while both parents share decision-making responsibility equally.

The Children’s Law Reform Act (Provincial) — Unmarried Couples

Ontario’s Children’s Law Reform Act still uses the traditional terms ‘custody’ and ‘access’ for parents who were not married. Under this legislation, ‘custody’ refers to both the right to make decisions about a child’s upbringing and the right to have the child live with you. ‘Access’ refers to the right to spend time with a child and to receive information about the child’s health, education, and welfare. If you are going through a divorce, the Divorce Act applies. If you were not married to the other parent, the Children’s Law Reform Act applies. In either case, the most important principle guiding any decision is the same: the best interests of the child.

Types of Custody Arrangements in Ontario

There is no single custody arrangement that fits every family. Ontario law recognizes several different structures, and courts have broad discretion to tailor arrangements to the specific circumstances of each child and each family.

Sole Custody

In a sole custody arrangement, one parent has both the right to have the child live with them and the primary authority to make decisions about the child’s upbringing. The other parent typically has access, meaning they have the right to spend time with the child on a schedule set out in the agreement or court order. Sole custody does not mean the other parent is cut off from the child’s life. In most cases, the non-custodial parent has regular parenting time and the right to receive information about the child.

Sole custody is sometimes ordered where the parents have significant difficulty communicating and cooperating, where one parent has been found to pose a risk to the child, or where the circumstances of the family make shared decision-making impractical.

Joint Custody

Joint custody means both parents share the authority to make significant decisions about the child’s upbringing, even if the child primarily lives with one parent. Joint custody is about decision-making, not necessarily about equal time. A child can live primarily with one parent while both parents jointly make decisions about education, medical care, religion, and other major matters.

Joint custody requires a reasonable level of communication and cooperation between the parents. Courts are generally reluctant to order joint custody where there is significant conflict between the parents, because requiring parents who cannot cooperate to make decisions together can harm the child.

Shared Parenting (Equal or Near-Equal Time)

Shared parenting refers to arrangements where a child spends substantial and roughly equal time with both parents. This is sometimes called a ‘week-on, week-off’ arrangement, though many variations exist. Shared parenting is different from joint custody, which is about decision-making. A family can have joint custody with primary residence with one parent, or shared parenting with sole decision-making authority in one parent.

Shared parenting arrangements work best when the parents live reasonably close to each other, can communicate effectively, and when the child is old enough and emotionally ready to transition regularly between two homes.

Split Custody

Split custody arises where there are two or more children and each parent has custody of at least one child. For example, an older child may remain primarily with one parent while a younger child lives primarily with the other. Split custody arrangements are less common and are generally ordered only where there is a strong reason to separate siblings, such as significantly different needs or an existing strong bond between each child and one particular parent.

How Ontario Courts Decide Custody: The Best Interests Test

Whether a custody arrangement is established by agreement between the parents or determined by a court, the governing standard is the best interests of the child. This is not a vague principle. Both the Divorce Act and the Children’s Law Reform Act set out specific factors that courts must consider when assessing what arrangement will best serve a particular child.

Factors Under the Divorce Act (Married Couples)

The amended Divorce Act lists the following factors that a court must consider when making a parenting order:

• The child’s needs: including the child’s physical, emotional, and psychological safety and well-being at every stage of development.
• The nature and history of the relationship: including the history of care, the bond between the child and each parent, and each parent’s willingness to support the child’s relationship with the other parent.
• Each person’s ability to care for the child: including each parent’s capacity and willingness to meet the child’s needs.
• The child’s cultural, linguistic, religious and spiritual upbringing: including the importance of preserving the child’s cultural identity and language.
• Plans for the child’s care: the arrangements each parent proposes and how well those plans serve the child.
• Family violence: any family violence and its impact on the child and on the ability and willingness of the person who engaged in the violence to care for the child. Courts are required to consider the impact of family violence on parenting arrangements.
• The child’s views and preferences: giving appropriate weight to the child’s views based on their age and maturity.

One Factor Courts Cannot Consider

Under both the Divorce Act and Ontario law, past conduct of a parent is relevant only to the extent it is relevant to that parent’s ability to act as a parent. Courts cannot deny custody or access to a parent solely on the basis of past conduct that does not relate to their parenting. The fact that a marriage broke down due to the conduct of one party is not, by itself, a reason to deny that party custody or parenting time.

The Child’s Voice

Ontario courts take the views of children seriously, particularly as children get older. There is no fixed age at which a child’s preference becomes determinative, but courts give increasing weight to a child’s stated preference as the child matures. For teenagers, a strong and clearly expressed preference can be a significant factor. Courts may appoint the Office of the Children’s Lawyer to interview the child and prepare a report for the court.

Parenting Plans in Ontario

A parenting plan is a written document that sets out how separated or divorced parents will raise their children. It is one of the most practical and important tools available to families going through a separation. A well-crafted parenting plan reduces conflict, provides predictability for children, and gives both parents a clear framework for decision-making.

Parenting plans can be informal agreements between the parents, formal separation agreements drafted with the help of lawyers, or court orders. A court order is legally enforceable, meaning that if one parent does not comply, the other parent can seek enforcement through the court.

What a Parenting Plan Should Cover

• Where the child will live on a day-to-day basis and on a weekly or monthly schedule
• How holidays, school breaks, birthdays, and special occasions will be divided
• How and where exchanges of the child will take place
• How each parent will be notified of significant events in the child’s life
• How decisions about education, medical care, and extracurricular activities will be made
• How parents will communicate with each other about the child
• What happens if one parent wants to travel with the child or relocate
• How the plan will be reviewed as the child grows and circumstances change

Parents who create a detailed parenting plan with the help of a family lawyer are far less likely to end up back in court. The time and cost invested in a thorough plan at the outset is almost always less than the time and cost of returning to court to resolve disputes that a well-drafted plan would have prevented.

When Parents Cannot Agree: The Legal Process in Ontario

Most custody matters in Ontario are resolved outside of court, through negotiation between the parents directly or with the help of their lawyers, or through family mediation. However, when parents cannot reach an agreement, the matter proceeds to court.

Separation Agreement

A separation agreement is a legally binding contract between the parents that sets out the terms of their separation, including custody, parenting time, child support, and property division. It must be in writing, signed by both parties, and witnessed. A separation agreement can be filed with the court and enforced as if it were a court order. Both parties should have independent legal advice before signing.

Family Mediation

Family mediation involves a neutral third party (the mediator) helping the parents communicate and work toward a mutually acceptable agreement. Mediation is voluntary and confidential. It is generally faster and less expensive than litigation and can produce agreements that both parents feel invested in because they participated in crafting them. Mediation is not appropriate in all cases, particularly where there is a history of family violence or a significant power imbalance between the parties.

Ontario Court Proceedings

If mediation does not result in an agreement, or if the circumstances require immediate court intervention, a parent can file an application in the Ontario Superior Court of Justice or the Ontario Court of Justice. The Family Law Act, the Children’s Law Reform Act, and the Family Law Rules govern the procedure.

In urgent situations, such as where a child has been taken by one parent without the other’s consent or where a child is at risk of harm, a parent can bring a motion for a temporary order without notice to the other party. Temporary orders remain in place until a final order is made or the parties reach an agreement. Court proceedings are formal, procedurally complex, and can be expensive. Having a family lawyer represent you throughout a contested custody proceeding is strongly recommended. The stakes are high, the process is technical, and the decisions made in court will shape your child’s life.

Child Custody and Child Support: How They Connect

Child custody and child support are separate legal matters, but they are closely connected in practice. Child support in Ontario is calculated primarily based on the Federal Child Support Guidelines, which use the payor’s income and the number of children to determine the basic monthly amount.

The custody arrangement affects how child support is calculated in two important ways.

• Primary residence arrangements: Where a child lives primarily with one parent, the other parent pays child support based on the Federal Child Support Guidelines table for their province and income. This is the most common scenario.
• Shared parenting arrangements: Where each parent has the child for at least 40 percent of the time, the basic child support calculation changes. Courts apply a different formula that takes into account both parents’ incomes and the actual costs of raising the child in each home. Shared parenting does not automatically reduce or eliminate child support.

In addition to the base child support amount, parents may be required to share extraordinary expenses (called section 7 expenses under the Guidelines), such as childcare costs, medical and dental expenses not covered by insurance, post-secondary education costs, and extracurricular activities that are important to the child.

Custody for Newcomer and Multilingual Families in the GTA

For newcomers and multilingual families in the Greater Toronto Area, child custody matters often carry additional layers of complexity that require a lawyer who understands both the legal framework and the cultural context.

International Custody and the Hague Convention

Where one parent is considering taking a child to another country, or where a child has been taken abroad without the other parent’s consent, international custody law applies. Canada is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which provides a legal framework for the prompt return of children who have been wrongfully removed from their country of habitual residence.

If a child is taken from Canada to another Hague Convention country without the consent of the other parent, that parent can apply through the Central Authority for the child’s return. If a child is taken to a country that has not signed the Convention, the situation is more complex and requires urgent legal advice.

If you are concerned that the other parent may attempt to take your child out of Canada, you should speak with a family lawyer immediately. A court can issue an order preventing the child’s removal from the country, require surrender of the child’s passport, or place the child’s name on the Canada Border Services Agency’s Passport Alert Program.

Cultural Considerations in Custody Matters

Ontario courts are required by the Divorce Act to consider the importance of preserving a child’s cultural, linguistic, religious, and spiritual upbringing as part of the best interests assessment. This is particularly significant for families with roots in another country, where language, religion, and cultural practices are central to a child’s identity.

A bilingual family lawyer who understands your cultural background can help ensure that these considerations are properly presented to a court or incorporated into a separation agreement. For many multilingual families in the GTA, maintaining a child’s connection to their heritage language and community is not a secondary concern but a core part of what is in that child’s best interests.

Immigration Status and Custody

For parents whose immigration status in Canada is not yet permanent, custody proceedings can feel especially high-stakes. A custody or parenting arrangement does not, by itself, affect your immigration status. However, if your circumstances change significantly, such as a planned return to your country of origin, this can have implications for any parenting order that is in place.

It is important to work with a family lawyer who understands the intersection of family law and immigration law and who can advise you on how your plans may affect any custody or parenting order.

Why a Bilingual Family Lawyer Matters

Family law proceedings are emotionally charged and linguistically complex. When you are explaining your family circumstances, your relationship with your children, your concerns about the other parent, and your plans for the future, doing so in your first language allows you to communicate with the fullness and precision that these matters require.

For families in the GTA where Mandarin, Cantonese, Punjabi, Hindi, Spanish, Farsi, French, or any other language is the primary language spoken at home, finding a family lawyer who shares that language is not a luxury. It is a practical condition for receiving the quality of legal representation your children deserve. Lawyers Who Speak connects GTA families with verified, licensed family lawyers who speak their language. To search the directory, visit the main lawyers page and filter by language and practice area.

Find a Family Lawyer in the GTA Who Speaks Your Language

Child custody is one of the most important legal matters you will ever navigate. Having the right family lawyer beside you, one who communicates with you clearly, understands your circumstances fully, and advocates for your children effectively, can make a meaningful difference in the outcome. Lawyers Who Speak connects GTA families with verified, Law Society of Ontario-licensed family lawyers who speak their language. Search by language and practice area to find a qualified family lawyer near you.

Pour les familles francophones du grand Toronto, des avocats specialises en droit de la famille sont disponibles en francais dans notre repertoire.