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How Do the Courts Determine Parenting Time - Family Law Mediation

Updated: Aug 23, 2023

At Divorce is Simple the most frequent question I get asked by couples is “if I were to go to court as opposed to working out our differences with a family law mediator how does a judge determine parenting time?” The answer is fairly simple since the introduction of the reformed Divorce Act, March 1st 2021, the judge will always take into account the “Best interest of the Child” What does that mean? The courts primary consideration will always be the child’s physical, emotional wellbeing, security and psychological safety.


When considering a parenting order, they will take into consideration:

  1. What type of relationship does the child have with each parent, with their siblings and other important people in their life.

  2. Will each spouse encourage and nurture a relationship with the other spouse.

  3. What are the views and preferences of the child.

  4. They will take into account the child’s indigenous heritage, culture and linguistic abilities.

  5. Does each parent have the ability to care for the child.

  6. The presence of any civil or criminal court actions and orders that are relevant to the care and wellbeing of the child.

  7. Is there any type of family violence.


divorce is simple, parenting custody

In allocating parenting time, the court shall give effect to the principle that a child should have as much time with each spouse as is consistent with the best interests of the child. In other words, a judge may not always rule on a 50/50 split but will take into consideration what arrangement suits and works best for the child.


At Divorce is Simple we consider your children’s wellbeing to be a top priority and will take time to create a parenting plan that works for your family. If you are considering leaving your spouse, call us today for an informal chat on how you can move forward with respect and dignity or book a session online here >


*Custody no longer the terminology used by the court system it has been replaced with Parenting Time


Call us today at Divorce is Simple for a simple way to end your marriage using our Family Law Mediation Services here in Ontario, Canada.




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