What is parenting time?
Parenting time is the time that a child spends in the care of each parent. This used to be called access.
Your partner has the right to parenting time with their children unless the court orders that they get no parenting time or that you can decide how much parenting time they get.
If a court order or agreement gives your partner parenting time, you cannot stop them from seeing their children unless you think it is not safe for the children. For example, if your partner has been drinking or using drugs, you can stop them from driving with the children.
If you want to deny parenting time, contact your lawyer or duty counsel at your local family court right away to find out if you can have the agreement or order changed.
You also cannot deny parenting time because the other parent has not paid child support.
There are different ways to set up parenting time:
Reasonable parenting time
If you and your partner can co-operate, parenting time can be left open and flexible. This is sometimes called reasonable parenting time or liberal and generous parenting time. This allows you to informally make plans that can easily be changed if the situation changes.
Fixed parenting time
Sometimes parenting time is on a specific and detailed schedule. This is often called fixed parenting time or specified parenting time. The schedule may cover things like holidays, long weekends, children’s birthdays, and religious occasions. It may include details like who is responsible for pick up and drop off.
Supervised parenting time
In some situations, parenting time may need to be supervised by another person. For example, your partner might get supervised parenting time if they have:
- a drinking or drug problem,
- abused the child in the past, or
- threatened or tried to take the child away from the other parent.
There are supervised access centers across Ontario. To find out if there is one in your area, go to ontario.ca/page/supervised-access-centres. You can also call 416-304-1221 in Toronto.
If there is no supervised access centre in your area, you might have to find and agree on an appropriate supervisor. This could be a relative or friend that both you and your partner trust. Speak to your lawyer if you think this will be a problem.
No parenting time
In the most extreme cases, a parent might not have any parenting time with their child. For example, if your partner has seriously neglected or abused your child, or if your child’s safety cannot be protected.
In some cases, a judge might not order parenting time for other reasons, for example, if an older child has a strong wish not to see that parent.
Taking the children out of Canada
Neither parent can take the children out of Canada without an agreement with the other parent or a court order. If your partner has threatened to take the children out of Canada, you should talk to a family lawyer right away. If you think your partner might have already taken the children out of the country, call the police immediately.
The Hague Convention is an international law that sets out a process when a child is abducted. However, it does not apply in many parts of the world. Even where it does apply, getting a child back from another country takes a lot of time and money.
You can find helpful information about international abduction of children at travel.gc.ca/assistance/emergency-info/child-abduction-welfare.
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