PARENTING ARRANGEMENTS

​Decision-Making Responsibility: Updated Terminology and Focus

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One of the most visible changes is the replacement of outdated terms like “custody” and “access” with modern, child-focused language:

• Decision-Making Responsibility refers to the authority to make major decisions about a child's health, education, religion, and general well-being.

• Parenting Time replaces “access,” reflecting the time a child spends in the care of each parent.

• Contact refers to time with non-guardians, such as grandparents.

All court orders issued after March 1, 2021 must reflect this new terminology. These changes encourage a more child-centred and less adversarial approach to parenting arrangements.

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Family Violence: A Broader, More Protective Definition

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The amended Divorce Act significantly expands the definition of family violence, acknowledging that abuse can take many forms beyond physical harm. It now includes:

• Emotional and psychological abuse

• Financial control or coercion

• Sexual abuse

• Threats and harm to pets

• Patterns of controlling behaviour

Importantly, these acts do not need to result in criminal charges to be considered in family law proceedings. They are assessed on a balance of probabilities, making it easier for survivors to seek protection and have their experiences recognized.

 

Best Interests of the Child: The Paramount Consideration

 

The best interests of the child are now the sole focus when making parenting decisions. Courts are required to consider:

• The child’s physical, emotional, and psychological needs

• The nature and strength of the child’s relationship with each parent

• Each parent’s willingness to support the child’s relationship with the other parent

• The child’s cultural, linguistic, religious, and spiritual background

• Any family violence and its potential impact on the child

The “maximum contact principle” has been removed, reinforcing that quality of time—not quantity—is what matters most.

 

Encouraging Alternatives to Court: A Shift in Dispute Resolution

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To reduce the emotional and financial toll of litigation, the amended Act now requires lawyers to inform clients about and encourage the use of alternative dispute resolution (ADR) methods such as:

• Negotiation

• Mediation

• Collaborative law

These non-adversarial processes often lead to faster, more amicable resolutions—especially when children are involved.

 

Relocation: New Rules for Moving with Children

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The Divorce Act now includes detailed rules for relocation—when one parent wishes to move with a child. The process distinguishes between:

• Relocations that significantly impact a child’s relationship with others (e.g., moving to another city or province)

• Moves with minimal impact (e.g., moving nearby)

The burden of proof in contested relocations varies depending on the existing parenting arrangements, ensuring a balanced and case-specific approach. Written notice is required, and the court will again focus on the child’s best interests when evaluating the proposed move.

 

Trusted Legal Guidance Through Legal Change

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At TMB Law, we stay current with all legislative developments to ensure our clients receive the most informed legal advice. Whether you're dealing with parenting responsibilities, family violence, relocation concerns, or dispute resolution, our team is here to help you understand your rights and options.

 

If you're seeking a divorce lawyer in Oshawa, Whitby, Durham, or the Greater Toronto Area, we invite you to contact TMB Law to schedule a Zoom consultation.

 

Let us help you navigate this evolving legal landscape with clarity, compassion, and confidence.