Understanding Parenting Time and Access Rights in Ontario

A Quick Note About the Term “Access”

Access is technically an outdated term. With one parent having the child in their “primary care” and the other having “access”, the terms created a competition between parents that was often not resolvable without unhealthy conflict.  Legislation has replaced primary residence and access with the more neutral term of “parenting time”.  Throughout this article we will refer to access but is interchangeable with the aforementioned newer, modern term.

Defining Access and Parenting Time

In Ontario, access is the time a parent spends with their child, irrespective of if they have decision-making responsibility. The primary principle considered in all decisions related to access is the best interests of the child.

Types of Parenting Plans

There are several types of parenting plans you can agree to or can be ordered:

Primary Parenting Time

This is where the child lives with one parent and the other will have defined time with the child, or access as it was called in the past.

Shared Parenting Time

This is where both parents receive at least 40% of the parenting time with the child in question.

Split Parenting Time

This unique option is only available in families with multiple children. Rather than all the children being on the same parenting schedule, they are split between the parents with each parent having at least one child in the family in their primary care.

Understanding Access Rights

Access to a child can come in several forms:

• Reasonable access: A flexible schedule without rigidness. 
• Fixed access: A schedule with a more formal and strict structure. For example: a parent may see their child only on weekends or holidays in this scenario.
• Supervised access: This type of access requires the parent be supervised when seeing their child. It is used when there are concerns about a child’s safety when alone with the parent in question.
• Access in the discretion of the child: This type of access may be chosen when a child is older and wants to choose how often and how long they have access with a parent.
• No access: This is the complete denial of access. It is saved for more extreme cases, where the potential of harm coming to the child if they were with the parent, is a reasonable concern.

What Happens If One Parent Denies Access?

Parents are unable to deny access on their own accord unless there exists justifiable, real, and reasonable safety concerns to the child. If a parent is to deny access improperly, the other parent can obtain remedies that will lead to legal consequences for the infringing parent if not followed.

Legal Guidance for Parenting Plan Disputes

If you are navigating a parenting plan dispute, legal advice can help ensure the best outcome for you and your child. At INB Family Law, our experienced lawyers provide personalised guidance on your parental rights and responsibilities. Contact us today for a consultation.