The word custody has largely been replaced in Canadian law. Since the Divorce Act amendments in 2021, the language shifted to decision-making responsibility and parenting time. This matters because the old framing implied ownership rather than function.
Decision-making responsibility vs. parenting time
Decision-making responsibility covers major choices: schooling, healthcare, religious upbringing. Parenting time refers to when the child is physically with each parent. These two things can be divided in many combinations, and courts look at each separately.
The guiding principle is the best interests of the child. That phrase sounds simple, but it encompasses roughly 16 factors listed in the Divorce Act - including each parent's willingness to support the child's relationship with the other parent.
Useful starting resources
- The Department of Justice parenting after separation guide (justice.gc.ca)
- Your provincial family court self-help centre - most offer one-on-one appointments
- The Parenting After Separation online course, available free through some provincial courts
One thing worth understanding early
Judges rarely make final decisions about parenting. Most families reach agreements through negotiation or mediation. Understanding what a court would likely decide gives both parents a realistic anchor point during those conversations.
Starting with the legislation itself - even a plain-language summary - puts you ahead of most people entering the process without legal representation.