1. What is the difference between “custody” and “parenting time” in 2026?
While many people still use the word custody to describe where a child lives, Ontario law has officially replaced it with two distinct concepts: Decision-Making Responsibility (the right to make major life choices) and Parenting Time (the actual schedule the child spends with each parent). When you seek a parenting time order, you are essentially asking the court to define the physical schedule.
2. Can I lose “custody” or “parenting time” if I have a mental health diagnosis?
No. Having a mental health condition does not automatically mean you lose decision making power or have your parenting time restricted. The court focuses on your parenting capacity. If you are managing your health (e.g., through therapy or medication) and it does not pose a safety risk to the child, your rights to parenting time are generally protected under the “maximum contact principle.”
3. How does active addiction impact a “parenting time order”?
If a parent is struggling with active addiction, the court may determine that unsupervised parenting time is not in the “best interests of the child.” In these cases, a judge might issue a court ordered parenting time schedule that is supervised or contingent on “clean” drug tests. The goal isn’t to terminate your parental relationship (what used to be called “losing custody”), but to ensure the child’s safety while you work toward recovery.
4. What is supervised “parenting time?
If there are high-risk concerns regarding the addiction impact on parenting capacity, the court may order that your time with the child be supervised by a professional at an access centre or a trusted third party. This is a temporary measure designed to maintain the bond while addressing safety concerns.
5. Can I change a “custody” “decision-making” order from years ago to a new order?
Yes. If you have an old order that uses the term custody and your circumstances have changed—for example, a parent has successfully completed addiction treatment—you can apply for a “variation.” A lawyer can help you prove a “material change in circumstances” to update the old order into a schedule that reflects your current stability.
6. Do I need a ” lawyer” if we already agreed on “custody” ourselves?
Even if you and your ex-partner agree on a parenting time and decision-making arrangement, it is highly recommended to have a family lawyer formalize it into a legal parenting time order. Verbal agreements are difficult to enforce. A formal order ensures that if a relapse or mental health crisis occurs in the future, there is a clear, legally binding plan already in place to protect the children.
7. What factors does the court look at when deciding “parenting time” disputes?
No matter what type of parenting dispute arises, the court uses the “Best Interests of the Child” test.
This includes the child’s emotional ties to each parent, their physical and psychological safety, and each parent’s ability to provide a stable environment. A family lawyer will focus on these specific factors to build your case
