In the bitterness of a divorce or separation, parents sometimes seek full parenting time. However, a parent who seeks to deny their co-parent time with the children faces a substantial evidential burden.
A parent seeking full parenting time in Toronto should consult with an experienced family lawyer before proceeding. The legal professionals at our firm can review the circumstances and provide a candid assessment of whether adequate evidence exists to obtain full parenting time. If so, they can advocate effectively to persuade a court to award you sole right to parenting time.
When a judge must resolve a dispute between parents regarding parenting time, the children’s best interests are the primary driver of the decision. A parent who wants full parenting time must prove that allowing the other parent time with the children will be detrimental to the children’s best interests.
Courts generally favor children having contact and a meaningful relationship with both their parents. To overcome this, a parent must prove that the other parent endangers the children emotionally or physically.
A parent seeking to deny the other parent access to the children must have proof of the other parent’s unfitness. A parent might be unfit if they have unaddressed mental health problems, are unhoused or incarcerated, suffer from an active substance abuse issue, or are physically violent. A Toronto full parenting time lawyer could also argue that when a parent poses a threat of harm to the other parent, that propensity endangers the children.
When a court is asked to issue a parenting order, they must rule based on the children’s best interests. The Canada Divorce Act and the Ontario Children’s Law Reform Act s. 24(2) both describe the factors a judge can evaluate to make this determination. The judge must make the decision that, in their opinion, favors the children’s safety and well-being physically, emotionally, and psychologically.
Judges often ask for help when making this determination. In many cases, they may order an assessment from a mental health professional. Sometimes, the court or a parent may ask for a clinical investigation by the Office of the Children’s Lawyer.
These third-party assessments and evaluations can be stressful for parents. An experienced family law professional in Toronto can explain what the assessors are looking for during a full parenting time request and help a parent prepare.
Even when a parent can prove that their co-parent is not currently capable of providing a safe environment for the children, judges are loath to deny parenting time absent clear evidence of danger. More often, they may order a parent’s time with the children to be supervised.
When all parties agree, a relative or family friend may provide supervision. In other cases, one or both parents hire a social worker or other professional to oversee visits. The Ontario Ministry of Children, Community and Social Services also provides Supervised Access Centres where parents and children can have parenting time under supervision.
There is typically an assumption that a supervised parenting time order is temporary. The parent who must be supervised may apply to amend the order if they correct the condition that led to the limited parenting time. A Toronto parent seeking modification of a parenting time supervision order or a parent who wishes to maintain supervision should enlist the services of an experienced lawyer to present their case.
Ontario courts allocate parenting time based on the children’s best interests. A parent who seeks full parenting time in Toronto must prove that the other parent is not fit to have parenting time.
Contact the family lawyers at our firm to discuss whether there is adequate evidence to support a request for sole parenting time. We are available to discuss your case 24 hours a day, so reach out now.
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