It's not 'custody' anymore — and it's not automatic 50/50.
Ontario now talks about parenting time and decision-making, all based on the child's best interests. There's no automatic 50/50, and you can't withhold time over unpaid support. Here's how it actually works.
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In 30 seconds, here's what's true
- Ontario no longer uses 'custody and access.' The law now talks about 'decision-making responsibility' and 'parenting time' instead.
- Every parenting decision is based on the best interests of the child — not what's fair to the parents. There's no automatic 50/50 split.
- Married and unmarried parents have the same parenting rights. An unmarried father has just as much standing as a married one.
- You can't withhold parenting time because support isn't paid, and you can't stop support because time is denied. They're completely separate.
- If you want to move with your child, you generally have to give the other parent 60 days' written notice. You can't just relocate.
How the process works
Focus on the child's best interests
Courts and the law look only at what's best for the child — their safety, needs, and relationships — not what feels fair to each parent. Frame everything around the child.
Try to agree on a parenting plan
You can set out parenting time and decision-making in a parenting plan or separation agreement, without going to court. Many families resolve it through negotiation or mediation.
Use mediation before court
Family mediation is faster and cheaper than court, and the first couple of hours at a family court location are often free. Court is a last resort.
Keep support and parenting time separate
Never withhold the child from the other parent over unpaid support, or stop paying support because you're being denied time. Deal with each through the proper channel.
Give proper notice before moving
If you plan to relocate with your child, give 60 days' written notice so the other parent can respond. Moving without notice can seriously hurt your case. Start a free PLAIN session for help.
What to do next
- Center every decision on the child's best interests.
- Use the current terms: parenting time and decision-making.
- Try to agree on a written parenting plan.
- Consider family mediation before court.
- Never trade parenting time for child support.
- Give 60 days' notice before moving with your child.
- Keep records of your parenting and any agreements.
- Get legal advice for disputes or court applications.
Common myths
| Myth | Reality |
|---|---|
| Mothers always get custody. | No. Decisions are based on the child's best interests, not the parent's gender. Fathers have equal standing. |
| It's automatically a 50/50 split. | No. There's no automatic presumption of equal time. The arrangement depends on what's best for the child. |
| I can stop access if they don't pay child support. | No. Parenting time and child support are separate. You can't withhold the child over unpaid support — deal with support through enforcement. |
| The child gets to decide at age 12. | There's no magic age. A child's views are considered based on their maturity, but they don't simply choose. |
| We still use the words custody and access. | Not in the law. Since 2021 it's 'decision-making responsibility' and 'parenting time.' |
| I can move away with my kids whenever I want. | No. You generally have to give 60 days' written notice of a planned move so the other parent can respond. |
| Unmarried fathers have no rights. | False. Unmarried and married parents have the same parenting rights under the law. |
| I have to go to court to make a parenting plan. | No. You can agree on a parenting plan yourselves or through mediation, without ever going to court. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with the Ministry of Labour or a licensed professional.
Free. No payment to start. This is information, not legal advice.