Parenting Arrangements for Separated Families

Nothing in family law matters more than the children, and nothing causes more anxiety. Here is how it works in Ontario today.

The words have changed. The law no longer speaks of "custody" and "access." It speaks of decision-making responsibility — who decides about school, health care, religion and activities — and parenting time, the schedule of when the children are with each parent. Both can be shared, split or given to one parent, depending on what is best for the child.

The only test is the child's best interests. Courts look at the child's needs, each parent's ability to meet them, the child's relationship with each parent, the child's own views where appropriate, and any history of family violence. What the parents want for themselves comes second.

A parenting plan is the goal. Most of my parenting cases end in a written plan: the weekly schedule, holidays and summers, how decisions get made, how the two of you communicate, and what happens if one of you wants to move. A good plan prevents most future fights. I have drafted hundreds of them and I know where the trouble spots are.

When one parent won't cooperate. If the other parent is withholding the children, refusing a reasonable schedule, or planning to relocate, I can bring the matter before the court. In urgent cases that can happen quickly.

Grandparents and other family. Grandparents in Ontario can apply for contact with a grandchild. I am a grandfather of five and I take these cases seriously.

Changing an existing order. Children grow and circumstances change. If your current order or agreement no longer fits, I can help you vary it, by agreement where possible and through the court where not.