Parenting & Decision-Making

Family Law · Parenting Arrangements

Parenting & Decision-Making

Last updated: June 2026

Child custody and parenting matters in Ontario (often still called "custody") involve determining who will make important decisions for a child, how parenting time will be shared between parents, and what arrangements are in the child's best interests following separation or divorce. Whether you're in Toronto, Markham, North York or elsewhere in Ontario, these legal principles apply province-wide.

Who This Is For

Parents going through separation or divorce Unmarried parents with parenting disputes Parents seeking primary care Parents seeking shared parenting Parents relocating within or outside Ontario Parents facing allegations affecting their rights High-conflict parenting disputes Parents seeking to vary an existing order

Key Legal Points

Decision-making responsibility is different from parenting time

Many people still use the term "custody," but Ontario family law now focuses on two separate concepts. Decision-Making Responsibility refers to the authority to make major decisions regarding a child's education, health care, religion, and significant extracurricular activities. Parenting Time refers to the time a child spends in the care of each parent. A parent may have substantial parenting time without having sole decision-making responsibility, and vice versa.

📎 Children's Law Reform Act (Ontario e-Laws)

The court's primary concern is the child's best interests

When determining parenting arrangements, the court does not focus on what is fair to the parents — it must determine what arrangement is in the child's best interests. Factors that may be considered include:

The child's needs and stage of development
The child's relationship with each parent
Each parent's ability and willingness to care for the child
The child's views and preferences, where appropriate
The history of caregiving
Each parent's ability to support the child's relationship with the other parent
Any family violence or safety concerns

Every parenting case is decided based on its own facts.

📎 Divorce Act, s.16 — Best Interests Factors (Department of Justice Canada)

Sole decision-making and joint decision-making are both possible

The court may order Sole Decision-Making Responsibility, giving one parent authority to make major decisions affecting the child, or Joint Decision-Making Responsibility, requiring parents to consult one another and decide together. There's no automatic preference for either arrangement — the court considers whether the parents can communicate effectively and decides based on the child's best interests.

Equal parenting time is not automatic

Many parents assume that separation automatically results in a 50/50 parenting schedule. Ontario law does not create a presumption of equal parenting time. The court's focus remains on the child's best interests, which may result in shared parenting schedules, primary residence with one parent, unequal parenting schedules, or other arrangements tailored to the child's needs.

Relocation cases require special consideration

A parent generally cannot unilaterally relocate a child if the move would significantly affect the other parent's parenting time. Relocation disputes are among the most complex parenting cases in Ontario family law — the court may consider the reason for the move, the impact on the child, existing parenting arrangements, educational and family support opportunities, and the child's relationship with both parents. In many situations, court approval may be required before a significant move can take place.

📎 Barendregt v. Grebliunas, 2022 SCC 22 (CanLII) — leading SCC authority on relocation

How Mia He Approaches Your Case

Mia

Miao (Mia) He

LSO #83315K · Dual-Licensed Canada & China

Mia He understands that parenting disputes are often the most emotional and stressful aspect of a family law case. Before developing a strategy, she takes the time to understand the child's needs, the family's history, and each parent's role in the child's life — then provides practical advice focused on achieving an arrangement that's both workable and legally sustainable.

Mia He regularly assists clients with:

Parenting plans Decision-making disputes Parenting time schedules Child relocation cases Emergency parenting motions Parenting agreement negotiations Enforcement & variation of orders High-conflict litigation

As a Mandarin- and English-speaking lawyer licensed in both Ontario and China, she is particularly experienced in helping Chinese-speaking families navigate complex parenting disputes, including cases involving international travel and cross-border family issues. Her "Smart Advocacy" approach emphasizes practical solutions wherever possible, while remaining fully prepared to litigate firmly when a child's interests require court intervention.

Frequently Asked Questions

What's the difference between decision-making responsibility and parenting time?

Decision-making responsibility concerns who makes major decisions regarding the child's upbringing, such as education and health care. Parenting time refers to the time the child spends with each parent. These are separate issues and are not necessarily linked.

Does the court prefer mothers over fathers?

No. Ontario courts do not automatically favour either parent based on gender. The court's focus is the child's best interests and each parent's ability to meet the child's needs.

Is my child's opinion important?

Potentially, yes. Depending on the child's age, maturity, and circumstances, the court may consider the child's views and preferences as one factor among many. The older and more mature the child, the more weight the court may give to their wishes.

Can one parent move to another province with the child?

Not necessarily. If the move would significantly affect the other parent's parenting time, legal requirements must be satisfied, and court approval may be necessary if the parents can't agree. A parent should get legal advice before relocating with a child after separation.

Can parenting arrangements be changed later?

Yes. Parenting orders and agreements may be varied if there has been a material change in circumstances affecting the child or the family.

How We Handle These Cases

Parenting disputes are highly fact-specific and depend on the unique circumstances of each child and family. Mia He has assisted parents in negotiating parenting agreements, resolving decision-making disputes, and litigating contested parenting matters involving relocation, high-conflict co-parenting, and complex family dynamics. Her focus remains on achieving arrangements that protect the child's long-term well-being while preserving meaningful parent-child relationships whenever possible.

Areas We Serve

We provide parenting and decision-making legal services to clients throughout Ontario, including:

Toronto Markham Richmond Hill Vaughan North York Scarborough Mississauga Ottawa Newmarket Brampton Oshawa Hamilton Kingston All Ontario

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Parenting & Decision-Making