About Parenting Arrangements
(Custody and Access)

"Parenting arrangements" are the arrangements parents make for the care of their children after a separation or divorce. This includes arrangements about where the children will live, where they will go to school, their religious education, their medical care, their after school activities and so on.

When deciding on parenting arrangements, it is important to understand that in Canadian family law, children come first. "What is in the child’s best interest?" is the most important question to be asked by everyone who is responsible for making sure children are well cared for during and after a difficult change in their parents’ lives. This includes parents, relatives, lawyers, judges, mediators and any others who are responsible for making sure that children are cared for in the best way possible during and after a difficult change in their parents’ lives.

Every child is different and so is every family. A parenting arrangement that would be good for one child may not work for another. Parents usually understand their children better than anyone else. So you and the other parent are encouraged to make your own parenting arrangements out of court. Court litigation tends to increase the amount of conflict between people, making the separation or divorce more stressful for them and their children.

Your province or territory may have family justice services such as parent education and mediation to help you make good parenting decisions and arrangements that will be in your child’s best interests.

Types of parenting arrangements

The federal Divorce Act applies when parents were married and are getting divorced. The Act does not dictate any particular parenting arrangement or favour either parent.

Different terms are used to describe different parenting arrangements. These terms can be confusing and it can be helpful to know what they mean. But, what is most important to know is that a variety of parenting arrangements are possible under the current law. Responsibility for making decisions for the child (for example, about their religion, medical care and education), as well as deciding on how much time the child will spend with each parent, can be allocated between the parents according to what is best for the child.

Under the federal law, the following terms describing parenting arrangements are used:

• Some parents have shared custody. (Some people may also use the term "shared parenting" to describe this arrangement.) Shared custody works best when parents can communicate well and can cooperate to meet their child’s needs.

  In such arrangements, the child lives with each parent for at least 40 percent of the time. Also, both parents usually share the responsibility for making major decisions affecting the child.

• When there is more than one child, some parents choose to have split custody. In this type of arrangement, some of the children live with one parent most of the time, while the other children live with the other parent most of the time.

• In some cases, only one parent has custody. This is often referred to as sole custody. In sole custody arrangements, the child lives with one parent most of the time. That parent (also referred to as the custodial parent) has the main responsibility for taking care of the child and making decisions about the child. However, the other parent has access to the child and the right to certain important information about the child such as medical information. Under the Divorce Act, custodial parents are told that they must act in a way that encourages the child in his or her relationship with the other parent.

Legal obligations

A custody/access order is a legal document. So is a parenting agreement that has been signed by both parents. This means that you and the other parent must comply with your responsibility to exercise custody or access, as set out in an order or agreement. You cannot deny the other parent access to the child, even if they are behind in support payments. And, you cannot stop paying support just because the other parent denies you access. You must remember that the parenting arrangement is for your children.

When there are safety concerns

If there are concerns that either you or the other parent poses a danger to a child, a judge may ask provincial child protection services to assess safety risks before making decisions about parenting arrangements. (For information on family violence, you may wish to consult Abuse is Wrong

When there is clear evidence of a safety risk, the judge may deny custody or access, or may allow access only in very limited circumstances. For example, they may require that access be supervised for a period of time.

If you have concerns about your own safety when you meet the other parent either to pick the child up or have the child dropped off, your provincial or territorial government may have family justice services that can help you. For example, some provinces and territories have trained individuals and specific centres that will handle the exchange when there is a lot of conflict between the parents.

Facts you need to know:

• The Divorce Act clearly recognizes that your child needs to maintain a relationship with both parents unless it isn’t in the child's best interests. Generally speaking, one parent cannot make a final decision about this by themselves. If a parent believes that a relationship with the other parent is not in the child’s best interest, the parent should seek legal advice.

• Parenting arrangements can change over time. What is a good arrangement for a three-year-old may not be the best arrangement for a teenager.

Further information

• Publications
• Helpful Tools