Ontario Visitation Lawyer

Parent Visitation, Parenting Time & Contact in Ontario 

The relationship between a parent and child is precious and should be protected. If you are divorcing or separating from your spouse or partner, however, you may find this relationship in jeopardy. If you are not granted decision-making responsibility (if your matter is governed by the Children’s Law Reform Act) or primary parenting time (if your matter is governed by the Divorce Act), you will need to fully understand your visitation or parenting time rights so you can assert these.

Our Ontario visitation lawyers can assist you in this important endeavor. By contacting our firm and scheduling a confidential consultation, you can get your questions answered and your unique situation analyzed by our family lawyers in Toronto, Mississauga, Markham, Oakville, Vaughan, and the surrounding areas.

When talking about visitation rights, it is important to know which Act will apply to your matter. If the parents of the child were married and have decided not to obtain a divorce, are living together as a common law couple, or are not cohabitating together but have a child together then the Children’s Law Reform Act R.S.O. 1990, c. C.12 will apply and visitation rights will be discussed in terms of parenting time. On the other hand, for situations where the parents of the child are legally married and in the process of obtaining a divorce or have already obtained one, the Divorce Act R.S.C. 1985, c.3 will apply and visitation will be discussed in terms of parenting time.

What is Parenting Time?

Parenting Time is the term used to describe a parent’s right to visit, be visited by, and make inquiries about the welfare, health, and education of a child. This is defined in Section 20 of the Children’s Reform Act. Sometimes referred to as visitation, parenting time may be granted to a parent who does not have decision-making responsibility of his or her child, or an “access parent.”

The amendments to the Divorce Act in 2020 refer to parenting time and decision-making responsibility rather than custody and access. Parenting time is clearly defined in section 2(1) of the Divorce Act and refers to the period during which an individual is primarily responsible for the child, including when the child is in school or daycare. Parenting time may be allocated according to a schedule.

• Equal parenting time is not presumed but rather, as with decisions regarding decision-making responsibility and contact, the primary consideration is the child’s physical, emotional and psychological safety, security and well-being. Parental visitation rights may arise as an issue to be resolved in a: Divorce; Separation; Parental relocation; or Paternity dispute.

Common Types of Visitation Schedules

In Canada, parenting time schedules, often referred to as custody or access arrangements, are designed to ensure that children maintain a meaningful relationship with both parents post-separation or divorce. The specific schedule can vary widely based on the family’s circumstances, but there are several common types of arrangements:

Primary Residence with One Parent and Access to the Other

In this arrangement, the child lives primarily with one parent (the custodial parent) and has scheduled visits with the other parent (the access parent). 

The schedule can include:

• Every Other Weekend: The child spends every other weekend with the non-custodial parent.
• Weekday Visits: Mid-week visits for a few hours.
• Extended Visits During Holidays: Additional time during school holidays and summer vacations.

Shared Parenting

Shared parenting, also known as joint custody or shared custody, involves both parents having significant periods of time with the child, aiming for an equal or nearly equal split.

Common arrangements include:

• Week-On/Week-Off: The child spends one week with one parent and the following week with the other.
• 2-2-3 Schedule: The child spends two days with one parent, two days with the other, and the remaining three days with the first parent, alternating the following week.
• 3-4-4-3 Schedule: The child spends three days with one parent, four days with the other parent, then four days with the first parent and three days with the second parent the following week.

Understanding the Legal Process of Visitation Rights

Navigating the legal landscape of visitation rights can be daunting, especially during emotionally charged family situations. At Feldstein Family Law Group P.C., we believe that knowledge is power. Understanding the legal process can help you make informed decisions that benefit both you and your children.

Here’s what you need to know about the legal process of establishing visitation rights:

• Initial Consultation: Our experienced lawyers will discuss your unique situation and provide you with personalized guidance.
• Filing for Visitation: We will assist you in preparing and filing the necessary legal documents to establish your visitation rights.
• Mediation and Negotiation: In many cases, mediation can help resolve disputes amicably. We will represent your interests during these discussions.
• Court Hearings: If mediation fails, our skilled attorneys will represent you in court to advocate for your rights and the best interests of your children.
• Modification of Visitation Orders: Life circumstances change, and so may your visitation needs. We can help you navigate the process of modifying existing orders.

By understanding the legal process, you can better prepare yourself for what lies ahead. Our team is committed to providing you with the support and expertise you need to achieve a favorable outcome. Contact us today to schedule your consultation and take the first step toward securing your visitation rights.

Bird's Nest Custody

In this less common arrangement, the child remains in one home, and the parents take turns living with the child in that home. This approach aims to provide stability for the child by keeping them in a consistent environment, but it requires significant cooperation and flexibility from the parents.

Split Custody

This arrangement occurs when there are multiple children, and each parent has primary custody of one or more children. This can be used when siblings have different needs or when the parents and children agree that such an arrangement is in their best interest.

Supervised Access

In situations where there are concerns about the child’s safety or well-being with one parent, access might be supervised. This means visits occur in the presence of another adult or professional to ensure the child’s safety.

Flexible or As-Agreed Schedules

Some parents opt for a more flexible arrangement where the schedule is determined on an ongoing basis, depending on each parent's and the child's availability. This requires a high level of communication and cooperation between the parents.

Considerations for Setting Parenting Time Schedules

When determining parenting time schedules, Canadian courts and parents consider several factors to ensure the child's best interests, including:

• The child's age and needs.
• Each parent's ability to provide care.
• The child's relationship with each parent.
• The parents' ability to cooperate and communicate.
• Any history of family violence or substance abuse.

Parents are encouraged to create a parenting plan that details the schedule and addresses any potential conflicts. If parents cannot agree, the court will impose a schedule based on what it believes to be in the child's best interests.

Protecting Your Visitation and Parenting Time Rights

The complete protection of your visitation and parenting time rights is essential to the team at Feldstein Family Law Group P.C. With over 30 years of experience handling access/parenting time cases in Toronto, and the surrounding areas in Ontario, we understand what issues may arise and how to assert our clients’ rights.

The courts will consider what is in the best interests of the child in any parenting time case, and we also understand how to present our clients’ cases in such a manner as to show how the child will benefit. When you select our team to handle your case, you can rest assured that we will work diligently to achieve an ideal result, no matter the circumstances or obstacles. 

Learn more about visitation rights by calling (905) 581-7222 or contacting us online and arranging a free consultation with one of our Ontario child visitation lawyers.