Child Custody Legal Services in Brampton

As with custody, the best interests of the child govern how parenting time is allocated. The law now explicitly says that a child should have as much time with each parent as is consistent with the child’s best interests. This encourages liberal time with both parents, but it’s not a mandate for 50/50 in every case. For instance, if one parent has been largely absent or the child has stronger attachment to one parent, suddenly imposing equal time might not be in the child’s immediate best interest (though building up more time with the other parent might be). Or if parents can’t cooperate at all, an equal shared schedule might expose the child to too much conflict. The court tries to maximize the child’s meaningful contact with both parents without compromising the child’s needs or safety.

A big part of parenting time planning is figuring out exchange logistics – how the child goes from one parent to the other. Some families do hand-offs at school or daycare (the child finishes school on Friday and goes to the other parent’s home, for example, avoiding direct parent-to-parent contact if that’s an issue). Others meet at a halfway point or one parent’s home. Consistency is helpful: kids handle transitions best when they know which day and time they switch homes and it becomes routine. Including a plan for special days (birthdays, Mother’s/Father’s Day) and long weekends is also important to avoid confusion.

It’s worth noting that the amount of parenting time can affect child support, as discussed earlier (shared parenting formula if each has 40%+ time). However, it’s strongly discouraged to let financial motives dictate the schedule. The courts will spot if someone is pushing for just enough time to reduce child support without genuine intent or capacity to care for the child, and they will not favor that. Always structure parenting time around the child’s welfare first; the finances can be adjusted accordingly.

Life happens – a parent might have a work trip or a family event during their scheduled time. Good co-parenting often involves reasonable flexibility: parents can trade days or accommodate one-off changes as long as the child’s routine isn’t too disrupted. It’s helpful to include in agreements how changes are requested (e.g., with notice, in writing) and that both parents will reasonably accommodate each other. If one parent consistently fails to exercise their time or is consistently late, that can be addressed, as it affects the child. Similarly, if one parent wants extra time (like to take the child to a special occasion), cooperation is key. Formal agreements often have a clause encouraging flexibility by mutual consent while otherwise adhering to the schedule.

If a parent refuses to allow the other parent their scheduled parenting time, without a very good reason (like genuine concern for immediate safety), that is viewed seriously by courts. Custody and access orders are enforceable; a parent wrongfully withholding a child can be found in contempt of court. The police generally don’t get involved unless there’s a court order clearly being breached, but a court can intervene quickly if a parent is denying contact. On the flip side, if a child doesn’t want to go to the other parent, the resident parent should still encourage and facilitate the contact – if they simply let the child refuse, they could be seen as in breach of the order. That said, older teenagers’ wishes on visiting schedules are given great weight; courts won’t force an unhappy 17-year-old, for example, but they’d expect the parents to work on repairing relationships.

The law now provides for “contact orders” for people who aren’t parents (like grandparents, step-parents) who have played a significant role in the child’s life. If a grandparent was very close to a child and the parents separate, that grandparent can apply for a contact order if, say, the parent the child lives with is blocking them. The test is still best interests of the child. This is separate from parenting time (which is for parents).

 If one parent wants to move far away with the child, that’s a major issue that can upend the parenting time arrangement. Under the Divorce Act amendments, a relocating parent generally has to give 60 days’ notice and the other can object, leading the court to decide based on the child’s best interests (including how the move will affect the child’s relationship with each parent). It’s beyond the scope here, but be aware moves often require a change in the parenting schedule and/or a court’s permission if significant.