Parenting Time and Decision Making

Understanding Parenting Time and Decision Making

Under the Divorce Act (Canada), the terms ‘custody’ and ‘access’ have been replaced with ‘decision-making responsibility’ and ‘parenting time’ – language that more accurately reflects the parental roles and obligations involved. However, many clients and legal professionals continue to use the familiar terms, and TMHC’s services address both parenting time and decision-making arrangements.

Custody and access mediation focuses specifically on where children will live, how parenting time will be allocated between parents, and how significant decisions about children’s health, education, religion, and extracurricular activities will be made. These matters are governed by the Divorce Act (Canada) and the Children’s Law Reform Act (Ontario), both of which require that decisions be made in the child’s best interests.

Elizabeth Evans, an Accredited Family Law Mediator and Registered Social Worker, brings over 15 years of experience to these discussions. She understands the legal framework, the research on child development and post-separation outcomes, and the interpersonal complexity these conversations involve.

Elizabeth is trained in screening for domestic violence and power imbalances. Where safety concerns are identified, she may recommend individual sessions, shuttle mediation, or may determine that mediation is not appropriate in the circumstances. The safety of all parties – especially children – is always the first priority.

Who This Service Is For

Separating parents who need to establish initial parenting time and decision-making arrangements

Parents with an existing court order they wish to modify through agreement rather than litigation

Parents with a dispute about a specific decision-making issue (e.g., choice of school, medical treatment)

Parents whose child’s needs have changed and the current arrangement needs to be updated

Parents where one is seeking to relocate with the child

Parents involved in ongoing litigation who have been referred to mediation by the court

Parents who want to resolve disputes about a specific holiday event, or scheduling conflict

Grandparents or other family members seeking access to children

Benefits of This Approach

Best Interests Standard

Elizabeth grounds all discussions in Ontario’s best interests of the child framework, ensuring the focus remains where it should be – on the children.

Avoids Litigation

Family court parenting disputes can take 18–36 months to resolve in Ontario. Mediation can produce an agreement in a matter of weeks.

Reduces Trauma

Children are deeply affected by conflict between their parents. Mediation significantly reduces the conflict children are exposed to during the process.

Legally Informed Process

Elizabeth’s knowledge of the Divorce Act and Children’s Law Reform Act ensures discussions are grounded in legal reality, while parties retain their own counsel.

Detailed Agreements

Mediated parenting plans can be far more specific and practical than court orders, addressing real-life logistics that judges rarely have time to consider.

Private

Parenting disputes in court become part of the public record. Everything discussed in mediation is confidential.

The Mediation Process

1

Individual Screening

Elizabeth meets with each parent individually to screen for safety concerns, power imbalances, domestic violence, and to confirm that mediation is appropriate and safe for both parties.

2

Joint Sessions

With both (or all) parties present, Elizabeth facilitates structured dialogue. She ensures each voice is heard and guides the conversation toward the key issues that need to be resolved.

3

Reviewing the Children’s Situation

Parents share relevant information about each child’s age, developmental needs, school, activities, relationships, and any special considerations that affect the parenting plan.

4

Negotiating Arrangements

Elizabeth facilitates structured negotiation of parenting time schedules, decision-making authority, holiday and vacation arrangements, and transition logistics.

5

Detailed Parenting Plan & MOU

Elizabeth prepares a comprehensive Memorandum of Understanding. Both parties then take the MOU to their independent lawyers for review and formalization into a legally binding agreement or consent order.

Ready to Take the Next Step?

Your children need both parents. TMHC Mediation helps parents in Ontario reach detailed, child-focused parenting arrangements that work in the real world. Reach out to Elizabeth Evans to begin the process.

Elizabeth Evans – Accredited FM, CP Med, RSW · Serving Ontario, Canada