A parenting decision should fit the child in front of the court. Under Canada’s Divorce Act, the child’s best interests are the only basis for a parenting decision, with their safety, security and well-being given primary consideration.
Canada · Checked 17 September 2026
These are the federal Divorce Act rules used in divorce proceedings. Provinces and territories have parenting laws for other situations, including many cases involving unmarried parents. Their wording and procedures may differ.
The federal rules do not assume that equal time is the right outcome. They require attention to the particular child’s circumstances.
A court needs to understand everyday life. For example, a child who needs regular treatment may require a plan for appointments, medicines and travel. A claim that either parent is “better organised” says less than explaining how the proposed care would actually work.
The significance of each factor depends on the child. The checklist is not a points competition where the parent with more examples automatically wins.
The court may receive a child’s views through a suitable professional process. Options vary locally and by case. A child’s preference matters, but it does not automatically determine the outcome at a particular birthday.
At home, give the child room to describe what helps or worries them. Avoid rehearsing answers, asking them to prove adult allegations or making them responsible for deciding the schedule.
Safety includes physical, emotional and psychological well-being. The court considers family violence, its effect on parenting and whether it is appropriate to require people to cooperate. Relevant protective orders or criminal proceedings also matter.
The principle of time with each parent is limited by the child’s best interests. It does not require an arrangement that puts the child at risk. Ordinary disagreement and coercive or abusive behaviour should not be treated as the same problem.
Focus on relevant facts, the child’s needs and workable proposals. Follow the court’s directions about documents and any report. Describe specific safety concerns clearly rather than assuming the court knows about another proceeding.
Parents have duties to protect children from the conflict of the proceedings, provide accurate information and comply with orders while they remain in effect.
This guide explains general rules and services. It does not assess your individual case.
Information checked on 17 September 2026.
Based on the original article by Elisabeth Scholander.
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