Ontario Family Law has undergone significant changes in the language used within the legislation with the purpose of reflecting a more child-centered, collaborative approach to parenting following a separation or a divorce. The most notable shift has been the evolution of legal language in Canada’s Divorce Act on March 1, 2021, where the formerly used terms “custody” and “access” have been replaced with the more modern and nuanced terms, “parenting time” and “decision-making”, respectively. The best divorce lawyers in Toronto understand that this change reflects a broader effort to prioritize the best interests of the child and encourage cooperative, shared parenting after separation and divorce.
The significance of these changes was to aim at making a legal process that was more child-centered, less adversarial, and more focused on the shared responsibilities of parents, regardless of whether they lived together. Toronto Family Lawyers know that the previous terminology of “custody” and “access” was often seen as promoting conflict and reinforcing an adversarial approach to family law matters. This would create animosity between the parties, which potentially caused detriment toward the well-being of the child. In contrast, the new terms aim to reflect the evolving understanding of family dynamics, where both parents are encouraged to play an active role in the lives of their children, even after separation.
Parenting Time vs Access
Historically, the term “access” was used to describe the time that the non-custodial parent spent with their child. As Toronto Divorce Lawyers would tell you, this term implied a more passive role for the parent who did not have primary residence of the child, and it often fostered a sense of imbalance between the two parents.
Under the new framework, “parenting time” replaces “access”. This change propagates the idea that both parents play an active, ongoing role in the upbringing of their child. Parenting time reflects the actual time a parent spends with their child, whether the child lives with them full-time or part-time. It also recognizes that both parents should have an opportunity to foster meaningful relationships with their child, which is vital for the child’s emotional and psychological development. The best family lawyers in Toronto should be able to tell you all about this whether at a free consultation or at a paid consultation.
Decision-Making vs Custody
Similarly, the term “custody” was traditionally used to describe the right of a parent to make major life decisions about their child’s life, including education, health care, and religion. This often led to situations where one parent, usually the one with custody, made most of the decisions without much input from the other parent.
The new term, “decision-making”, shifted the focus from ownership of a child’s upbringing, to a more collaborative approach. As any child custody lawyer will tell you. decision-making is now recognized as a shared responsibility, where both parents should be equally involved in major decisions regarding the well-being of their child. In cases where the parents cannot agree, the court may intervene to make a decision that is in the best interests of the child. If you are looking for a divorce lawyer near me, then the GOLDSTEIN Divorce & Family Law Group can assist you with these parenting issues.
Conclusion
The shift from “custody” and “access” to “parenting time” and “decision-making” reflects a fundamental change in how the law views parenting after separation. The old terminology often reflected a hierarchy, where one parent had control over the child’s life, while the other parent was relegated to a more secondary role. This would commonly increase tension and conflict, particularly in cases of divorce and separation. However, by using terms such as “parenting time” and “decision-making”, it perpetuates the goal of promoting shared responsibility, co-parenting and collaboration, reducing conflict, and the best interests of the child. If you are looking for the best Toronto family lawyer to assist you with parenting issues, then please reach out to us. Our affordable and experienced divorce lawyers can assist you. Please contact us at 416-519-5552 or at info@amglaw.ca and one of our lawyers will get back to you immediately.
