Decision-Making Responsibility and Parenting Time
Cohen Highley LLP helps parents navigate issues involving decision-making responsibility and parenting time. These two legal frameworks govern how children are raised after a separation or divorce in Ontario. Under Canada’s Divorce Act and Ontario’s Children’s Law Reform Act, these terms replaced the older language of “custody” and “access”. Decision-making responsibility refers to a parent’s legal right to make major decisions about a child’s healthcare, education, religion, and significant activities and can be held solely by one parent, jointly by both, or divided by subject area. Parenting time refers to the schedule of when a child lives with or spends time with each parent and gives that parent the right to make day-to-day decisions during that time.
Co-Parenting Support Services We Offer
Parenting arrangements involve some of the most important decisions families face. Cohen Highley’s family law team provides legal support across the full range of decision-making responsibility and parenting time matters including:
- Drafting & Reviewing Parenting Plans: We help document your parenting arrangements in a Separation Agreement or consent order that is legally binding, clear in its terms, and built to minimize future conflict.
- Negotiating Parenting Arrangements: We help parents reach practical, child-focused parenting plans through direct negotiation, working to protect your children’s stability and your parental relationship.
- Applying for Parenting Orders: When parents cannot agree, our lawyers prepare and argue applications for parenting orders before the Ontario Court of Justice and the Superior Court of Justice.
- Varying Existing Parenting Orders/Agreements: If circumstances have changed significantly since your original arrangement was made, we can help you apply to vary a parenting order or renegotiate a Separation Agreement.
Our Approach to Parenting Disputes
Every family that comes to us is navigating something genuinely difficult, and we approach each matter with that in mind. Our starting point is always the same: what arrangement will best serve the children involved? From there, we work with you to understand your priorities, explain your legal options clearly, and help you identify the path whether that is collaborative, negotiated, mediated, or litigated.
Where possible, we encourage approaches that keep the lines of communication open between parents, because children benefit most when both parents can work together over the long term. When co-operation is not possible or when urgent action is needed, our lawyers are prepared to move decisively and advocate firmly on your behalf in court.
Why Choose Cohen Highley LLP
Cohen Highley LLP has been serving families across Southwestern Ontario from offices in London, Kitchener, Windsor, Strathroy, and Sarnia for decades.
We hold ourselves to a straightforward standard: accessible, innovative, and professional on every file. That means you receive clear advice without unnecessary complexity, realistic assessments of what courts are likely to do, and a legal strategy tailored to your family’s specific situation. If you are dealing with a parenting dispute or need help putting a parenting arrangement in place, we are ready to help. Contact us to speak with a member of our team.
Frequently Asked Questions
What does “sole” versus “joint” decision-making responsibility mean?
Sole decision-making responsibility means one parent has the legal authority to make major decisions about the child. Joint decision-making responsibility means both parents share that authority and must communicate and agree on major decisions together.
Courts can also divide responsibility by subject area. For example, one parent may hold responsibility for educational decisions while the other holds responsibility for medical decisions.
How does a court decide parenting arrangements in Ontario?
Ontario courts determine parenting arrangements based entirely on the best interests of the child. Factors considered include the child’s emotional ties to each parent, each parent’s willingness to support the child’s relationship with the other parent, the child’s established routine, and any history of family violence or abuse. There is no automatic presumption in favour of either parent. The court’s only focus is what arrangement will best serve the child.
Do parents have to go to court to resolve parenting disputes?
No. Parents can reach parenting arrangements through direct negotiation, mediation, or the collaborative family law process, and document those arrangements in a Separation Agreement or consent order without contested court proceedings. Going to court becomes necessary only when parents cannot reach an agreement and a judge’s order is needed to resolve the dispute.
Can a parenting order be changed after it has been made?
Yes. A parenting order can be varied if there has been a material change in circumstances since the order was made. A significant change in a parent’s work schedule, a proposed relocation, or a change in the child’s needs are examples of a material change. The parent seeking the variation must apply to the court and demonstrate that the change in circumstances is real and substantial. Parents can also agree to change their arrangements by consent without returning to court, though any permanent change should be documented in writing.
Our legal team is accessible, innovative, and professional.
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