Parenting Time

Parenting Time Disputes in Family Law

Parenting time addresses when a child spends time with each parent following separation. In Ontario family law, parenting time is assessed through the lens of the child’s best interests, not parental preference or entitlement. While many parents expect parenting time to be resolved informally, disputes frequently arise where communication has broken down, trust is low, or concerns are raised about stability, routines, or decision-making. In higher-conflict matters, parenting time can quickly become one of the most sensitive and closely scrutinized aspects of the case. A clear legal overview helps refocus the discussion on the child’s needs, evidence, and proportional process selection (the choice among available dispute resolution options).

How the Law Approaches Parenting Time in Ontario

Under the Divorce Act and Ontario’s family law framework, courts determine parenting time based on the best interests of the child. This analysis considers factors such as the child’s age and stage of development, existing routines, relationships with each parent, the ability of each parent to support the child’s relationship with the other parent, and any history relevant to the child’s safety or well-being. There is no presumptive parenting schedule. Courts assess parenting time on a fact-specific basis, with a strong emphasis on stability, predictability, and minimizing exposure to conflict.

Legal Complications

Parenting time disputes often become high-conflict or complex where communication between parents is poor, conflict is entrenched, or parenting concerns are raised without reliable supporting evidence. Complexity may also arise in matters involving young children, children with special needs, significant geographic distance, or overlapping child protection or criminal proceedings. Behavioural dynamics such as gatekeeping, rigidity around schedules, or difficulty separating adult conflict from parenting responsibilities can further escalate disputes and increase court involvement.

Legal Considerations

From a strategic perspective, experienced family lawyers focus on how parenting time proposals will be viewed through the best-interests framework. Practical considerations include whether interim arrangements may become entrenched, how conflict levels affect the feasibility of shared parenting time, and whether additional professional involvement is required. Sequencing is often important, as unresolved parenting time disputes can influence support issues, process selection, and overall matter progression. Managing risk includes assessing how evidence will be evaluated and how ongoing conflict may affect outcomes.

Implications in Family Law Matters

Parenting time is closely connected to decision-making responsibility, child support, and broader dispute resolution strategy. Parenting schedules can affect support calculations and may influence the suitability of certain dispute resolution processes. Addressing parenting time in isolation can create other challenges if related issues are not considered together.

Our Role as Family Lawyers

Our role is to provide legal advice and representation that is proportionate to the level of conflict and complexity in the overall family law matter, including any dispute with parenting time. Guided by our law firm’s five-step approach, we can develop and implement a legal strategy that remains responsive to changing circumstances, ensuring the matter continues to progress efficiently toward resolution.