Child Custody and Parenting Lawyer in Toronto
Ontario law no longer talks about custody and access. Courts decide decision-making responsibility and parenting time based only on the best interests of the child. Our team helps Toronto parents reach workable parenting plans and, when needed, presents their case in court.
30-minute consultation, $150 plus HST, paid when you book.
Custody in Ontario today
Short answer: Since March 1, 2021 the federal Divorce Act and Ontario's Children's Law Reform Act use the terms decision-making responsibility (who makes major decisions about health, education, religion and significant activities) and parenting time (when the child is in each parent's care). The only test is the best interests of the child.
Civitas Law is a team of legal professionals under the leadership of lawyer Nasibeh Mehrpouyan. We help parents in Toronto and the GTA settle parenting arrangements by agreement where possible and present their case clearly in court when agreement is not possible, in English, French, Farsi, Russian and Serbian.
What the court looks at
The court gives primary consideration to the child's physical, emotional and psychological safety, security and well-being. Other factors include:
- the child's needs, age and stage of development;
- the relationship with each parent, siblings, grandparents and other important people;
- each parent's willingness to support the child's relationship with the other parent;
- the history of care, and the child's views where they can be determined;
- cultural, linguistic, religious and spiritual upbringing and heritage;
- any family violence and its impact.
Parenting plans and agreements
Most parents settle through negotiation, mediation or a written parenting plan included in a separation agreement. A good plan covers the regular schedule, holidays, travel, how decisions are made, communication between parents and how disagreements will be resolved. A plan that is detailed and realistic tends to prevent future disputes.
When the matter goes to court
- Parents in Ontario family court cases attend a Mandatory Information Program early in the case.
- Most cases go through a case conference with a judge before any hearing, which encourages settlement.
- Urgent motions are available where a child's safety is at risk or a child has been withheld or removed.
Moving with a child
A parent who plans a relocation that would significantly affect the child's relationship with the other parent must give written notice at least 60 days before the move, with the proposed date, the new address and proposed changes to the parenting arrangements. The other parent can object within 30 days. Courts look closely at the reasons for the move and the impact on the child.
Questions we hear often
General information, not legal advice. Every matter is different.
Is custody still a legal term in Ontario?
Does a mother automatically get custody?
At what age can a child choose where to live?
Can a parenting order be changed?
Can I travel outside Canada with my child?
How much does a child custody lawyer cost in Toronto?
Related services and guides
Family law
Separation, property and agreements.
Divorce
Contested and uncontested divorce in Ontario.
Child and spousal support
How support is calculated and changed.
حضانت فرزند به فارسی
This page in Farsi.
Talk to our team
Book a consultation online or call (647) 271-1646 (the phone is answered 24/7). 30-minute consultation, $150 plus HST, paid when you book. Legal fees after that depend on the work involved, and we explain them in writing before you retain us.
Straightforward legal advice from a Toronto lawyer.
30-minute consultation, $150 plus HST, paid when you book. Personal injury matters start with a free 10-minute case review with the lawyer. Consultations are confidential.