Ontario and federal law retired 'custody' and 'access' in 2021. Orders now speak of decision-making responsibility (who decides significant issues) and parenting time (when the child is with each parent). The only test is the best interests of the child.
A parenting plan that fits your children's school, activities and each parent's work is worth more than a label. We draft those plans — and litigate them when the other parent will not engage honestly.
Decision-making responsibility
Significant decisions — health, education, religion, extra-curriculars — can be joint, divided by topic, or held by one parent. Joint is common where parents can communicate. Sole is used where conflict or safety makes joint decision-making harmful.
Parenting time
Parenting time is the child's schedule, not a consolation prize. Equal or near-equal time is common where geography and the children's needs allow it. There is no presumption that mothers or fathers 'win'.
Travel, passports and holidays
Modern plans include notice for trips, consent letters for international travel, holiday rotation and a process for disagreements. Global Affairs Canada recommends a notarized consent letter when a child travels with one parent — we prepare and notarize those.
Changing a plan later
Plans change when a child's life does — a move, a new school, a new work schedule. Variation is by agreement or a Motion to Change on a material change in circumstances.