Practice Area
Parenting & Decisions
Understanding parenting time, decision-making responsibility, mobility rights, and child protection law in Ontario.
Parenting Time
Parenting time is the schedule that determines when each parent spends time with the children after separation or divorce. It can range from equal time-sharing to a primary residence with one parent and scheduled visits with the other.
There is no one-size-fits-all arrangement. Jane works with clients to develop parenting schedules that reflect the children's needs, the parents' work schedules, and the practical realities of your family's situation.
Where parents cannot agree, Jane is experienced in bringing and defending parenting time motions — including urgent applications where a child's safety or stability is at risk.
Decision-Making Responsibility
Decision-making responsibility (formerly called custody) refers to who has the legal authority to make major decisions about a child's upbringing — including education, healthcare, religion, and extracurricular activities.
It can be held by one parent (sole decision-making) or shared between both parents. Shared decision-making requires effective communication and cooperation; it is not automatically granted simply because both parents want it.
Jane helps clients understand what arrangement is realistic in their circumstances and advocates effectively for outcomes that serve the children's best interests.
Mobility Rights
When one parent wants to relocate — within Ontario, to another province, or internationally — with the children, the other parent has the right to object. These cases are legally complex and the outcome depends heavily on the specific facts.
Jane represents both parents seeking to relocate and parents seeking to prevent relocation. She understands the legal tests courts apply and the evidence that makes the difference.
Children's Aid Law
If the Children's Aid Society (CAS) has become involved with your family, it is critical to have legal representation. CAS proceedings — including Supervision, Society Wardship, and Crown Wardship applications — can have life-altering consequences.
Jane assists clients in defending all CAS matters. She will help you understand the process, your rights, and the most effective way to respond.
Common Questions
Frequently Asked Questions
What is the difference between parenting time and decision-making responsibility?
Parenting time refers to the schedule of when each parent spends time with the children. Decision-making responsibility (formerly called custody) refers to who has the authority to make major decisions about the children's lives — such as schooling, medical care, and religious upbringing. These are separate legal concepts and can be allocated differently.
Can parents share decision-making responsibility?
Yes. Shared decision-making responsibility means both parents must consult and agree on major decisions. It does not necessarily mean equal parenting time. Courts will order shared decision-making where it is in the children's best interests and where the parents can communicate effectively.
What does the court consider when deciding parenting arrangements?
Ontario courts apply a "best interests of the child" test. Factors include the child's physical, emotional, and psychological needs; the nature of the relationship between the child and each parent; each parent's willingness to support the child's relationship with the other parent; and the child's own views, depending on age and maturity.
Can a parenting order be changed later?
Yes. If there has been a material change in circumstances since the original order was made — such as a change in a parent's work schedule, a move, or a change in the child's needs — either parent can bring a Motion to Change to ask the court to vary the existing order.
What if one parent wants to move away with the children?
This is called a mobility or relocation case. The parent wishing to move must provide notice and, if the other parent objects, must obtain court approval. The court will consider whether the move is in the children's best interests, the reason for the move, and the impact on the children's relationship with the other parent.
What is a Children's Aid Society (CAS) matter?
A CAS matter arises when the Children's Aid Society becomes involved with a family due to concerns about a child's safety or well-being. CAS can bring applications for Supervision, Society Wardship, or Crown Wardship. These proceedings are serious and it is important to have legal representation. Jane assists clients in defending all CAS matters.
Have questions about your situation?
Jane will listen and give you a clear picture of your options.