Do Children Have a Say in Parenting Schedules in Ontario?

When parents separate or divorce, one of the most sensitive and important questions that arises is: who decides the parenting schedule? Understandably, many parents wonder if their children can or should decide when and how much time they spend with each parent.

The short answer is: children in Ontario do not have the legal authority to decide their parenting schedule. While their preferences may be considered, parenting time is determined based on the best interests of the child under Ontario law.

Parenting Schedules and the Law in Ontario

Under the Children’s Law Reform Act, Section 24, courts in Ontario must determine parenting time and decision-making responsibilities by considering the best interests of the child. This means:

• Parenting arrangements are not about parental rights but about what supports the child’s health, stability, and development.

• There is no automatic presumption of equal parenting time. Instead, the focus is on what arrangement is most beneficial for the child’s well-being.

• Courts aim to encourage meaningful relationships with both parents while minimizing disruption to the child’s routine.

Can Children Decide Their Parenting Schedule?

Children’s voices matter, but they do not make the final decision.

• Younger children: Courts generally find it inappropriate to give young children responsibility for deciding where they will live or when they will see a parent. This places undue emotional pressure on them and risks creating resentment.

• Older children and teens: As children mature, their views carry more weight. Courts often recognize the practical reality that teenagers may prefer flexible arrangements and greater autonomy over their schedule. However, this is based on maturity and circumstances — not on a legal right.

A 2014 Ontario case, Asgill v. Asgill, highlights that while older children may be given more freedom in how they spend time with parents, this remains a matter of practical consideration rather than a binding legal rule.

The Role of the Office of the Children’s Lawyer (OCL)

In many cases, the Office of the Children’s Lawyer (OCL) may be appointed to represent a child’s interests. The OCL may:

• Meet with children to understand their views and preferences.

• Prepare a report for the court about what the child has expressed.

Ultimately, though, the court makes the final decision, ensuring that the arrangement reflects the child’s best interests rather than simply following the child’s stated wishes.

Key Takeaway

While children can share their preferences, they cannot legally decide their parenting schedule in Ontario. Courts and parents must carefully balance children’s voices with their overall emotional, developmental, and practical needs. The goal is always to create a parenting plan that prioritizes the child’s long-term well-being.

How OneLegal Professional Corporation Can Help

At OneLegal Professional Corporation, we understand how deeply parenting arrangements affect both children and parents. Our family lawyers are committed to guiding you through this process with compassion, expertise, and a focus on achieving a resolution that serves your child’s best interests.

👉 Whether you are negotiating a parenting plan or navigating court proceedings, we are here to advocate for you and your family.

📞 Contact us today to schedule a consultation and take the next step toward building a parenting plan that works.