When parents separate or divorce, the question of how children will be cared for is often the most emotional and consequential issue. Canada's family law framework has been updated to reflect a modern, child-centred approach — and understanding the terminology and process is essential for every parent.
The New Terminology
Canada's Divorce Act was updated in 2021 to replace the terms "custody" and "access" with new concepts:
Types of Decision-Making Responsibility
Joint Decision-Making
Both parents share the authority to make major decisions about the child together. This arrangement works best when parents can communicate and cooperate effectively.
Sole Decision-Making
One parent has the authority to make all major decisions. This may be appropriate when cooperation is difficult or when there are safety concerns.
Divided (Parallel) Decision-Making
Each parent is responsible for specific areas — for example, one parent handles health decisions while the other handles education decisions.
Types of Parenting Time
Shared Parenting Time
The child spends at least 40% of their time with each parent. This designation is also relevant for calculating child support.
Majority Parenting Time
The child spends more than 60% of their time with one parent.
Supervised Parenting Time
In situations where there are safety concerns, a court may order that parenting time be supervised by a trusted individual or a professional at a Supervised Access Centre.
The Best Interests of the Child
All parenting arrangements in Canada must be based on the "best interests of the child." Factors the court considers include:
Creating a Parenting Plan
Parents who can agree on arrangements can create a parenting plan that covers where the child will live, how time is divided, how decisions are made, holiday and vacation schedules, and how future disagreements will be resolved.
How a Personal Legal Service Plan Can Help
A Personal Legal Service Plan gives you access to a dedicated Provider Law Firm in your province or state with experienced family law Lawyers who can explain the law, help you negotiate a parenting arrangement, draft or review a parenting plan, and protect your rights and your child's best interests.
Ready to Get Protected?
Get affordable legal protection today. Choose your location to explore Personal Legal Service Plans.
Ready to Get Protected?
Get affordable legal protection today. Choose your location to explore Personal Legal Service Plans.