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Helping Parents Resolve Visitation Issues in Ontario
Divorce is almost always more difficult when children are involved. Establishing a well-structured parenting time schedule (sometimes referred to as visitation) is a critical aspect of ensuring that a child survives a divorce with the least disruption and emotional turmoil. A fair and functional visitation schedule should focus on the children’s best interests, with the parents’ considerations being a secondary factor.
The Ontario Children’s Law Reform Act and the federal Divorce Act govern parents’ rights in parenting time and decision-making responsibility matters. Both parents are entitled to parenting time and the ability to visit with and be visited by the children, subject to safety or other concerns.
One parent may be granted primary decision-making responsibility regarding the child’s health, education, and overall welfare, generally referred to as the “custodial parent”. The other parent may not have the right to make decisions about the child’s health, education, and welfare but, under the Act, has the right to all information about these issues.
Parenting Time vs. Decision-making Responsibility
In family law in Ontario, parenting time and decision-making responsibility are related but different issues that need to be worked out between the parties.
Parenting Time:
Refers to the time children spend with each parent, regardless of whether that time is physically spent with the parent, for example, when the children are at school.
It used to be called “access”.
All parents are entitled to parenting time, even if they don’t share decision-making responsibility, subject to negotiations in and/or out of court.
Parenting time can be shared or split.
Decision-making Responsibility:
- Refers to the time children spend with each parent, regardless of whether that time is physically spent with the parent, for example, when the children are at school.
- It used to be called “access”.
- All parents are entitled to parenting time, even if they don’t share decision-making responsibility, subject to negotiations in and/or out of court.
- Parenting time can be shared or split.
Tips for Establishing a Fair Visitation Schedule
Communicate Respectfully
- Refers to the authority to make significant decisions about a child’s life, such as those related to health, education, culture, language, religion and spirituality, and significant extra-curricular activities.
- It used to be called “custody”.
- Decision-making responsibility can be sole (one parent makes all decisions) or joint (both parents make decisions together), or one parent with final decision-making responsibility
Work Schedules and Parenting Time
You may want equal time with your children, but before making any decisions, you must be realistic about your schedule and availability when planning a visitation schedule.
A plan that is less likely to run into disruptions or schedule changes will be more successful for the children and the parents. In this planning, consider the location of school(s), commuting time for pick-up and drop-off both for school and visits, your work schedules, and other demands on time.
Be Flexible
Life comes with change, and even the most carefully crafted plan may need to be modified as needs change. Children, as they grow, have new activities and needs, and a parent may have a change in employment with a different schedule. Be open to updating a visitation schedule to match changing needs. Remaining flexible can smooth this process and help avoid the need for court intervention. A Toronto family lawyer from Anthony Family Law can advise you and offer guidance and support when visitation modification issues arise, especially in Toronto and the Greater Toronto Area.
Consider the Child’s Age
When developing a visitation schedule, the primary focus must be on the child’s needs. The court may assess factors such as:
- The child’s age and stage of development
- Their emotional and physical well-being
- Their relationship with each parent
- Stability in education and extracurricular activities
A schedule that allows your child to maintain their routine while fostering strong bonds with both parents will be considered ideal.
Holiday Plans
Holidays can pose issues for parents who want to spend time with their children on birthdays, religious holidays, and other important dates. Holiday schedules can be resolved in various ways, whether parents have a child on holidays or splitting hours of an important day. Agreeing on holiday sharing is essential for avoiding last-minute conflicts and helping a child enjoy important holidays without added stress or emotional upheaval.
Travel and Relocation Issues
If one parent often needs to travel or plans to relocate, the impact on the visitation schedule should be discussed long in advance if it will affect the visitation schedule. A parent who wants to move (relocate) with a child is required to provide a legal written notice to the other parent, and the wish to move away can be challenged in court.
A Predictable Schedule and Child Well-Being
Children are more likely to flourish under a structured, predictable visitation schedule. The most common types of parenting plans include:
- Alternating weekends: One parent has the child on weekends, while the other has them during the week.
- Week-on, week-off: Ideal for older children who are more comfortable with transitions between homes.
- Split weekdays: The child spends certain weekdays with each parent (e.g., Monday–Wednesday with one parent, Thursday–Sunday with the other).
Children in Danger
In some cases, a child may be in danger or harm, or a parent believes the child may be removed to another province or country. In these cases, a temporary court order must be sought immediately. It is advised that you engage the services of a Toronto family law attorney immediately if you are concerned that your child may be at risk due to criminal activities, drug or alcohol use, or domestic violence.
The Ontario Mandatory Information Program (MIP)
The “Mandatory Information Program” (MIP) in Ontario is a free session in which parents are provided with the information they need about the legal process of divorce or separation. Issues regarding the impact of divorce or separation on children, as well as the various options for resolution, are discussed. These programs are the first step in the family court process and are mandatory to attend when a divorce involves support, parenting time, or decision-making responsibility. Parents must be aware of the impact of divorce on children and focus on ensuring the children do not suffer needlessly.
Your Advocate in Child Visitation Matters in Toronto: Anthony Family Law
At Anthony Family Law, we are honoured to be trusted by our many clients to resolve the most urgent family law matters. We bring extensive litigation experience to issues involving parenting time (custody) and decision-making responsibility as well as with those working to be resolved through mediation or other alternative dispute resolution solutions. Additionally, we assist clients in renegotiating parenting time and decision-making agreements and also in filing motions for or negotiating holiday time and travel arrangements.
Contact our firm at 647-933-2397 to discuss your situation and help you establish a functional, fair child visitation schedule.
