Parenting matters such as a parenting order; contact order; parenting time; and decision-making responsibility may be governed by the Divorce Act (DA) or the Children’s Law Reform Act (CLRA).

According to section 2(1) of the DA:

parenting order means an order made under subsection 16.1(1);

contact order means an order made under subsection 16.5(1);

parenting time means the time that a child of the marriage spends in the care of a person referred to in subsection 16.1(1), whether or not the child is physically with that person during that entire time;

decision-making responsibility means the responsibility for making significant decisions about a child’s well-being, including in respect of: health; education; culture, language, religion and spirituality; and significant extra-curricular activities.

Section 16.1(1) of the DA states that:

A court of competent jurisdiction may make an order providing for the exercise of parenting time or decision-making responsibility in respect of any child of the marriage, on application by

(a) either or both spouses; or

(b) a person, other than a spouse, who is a parent of the child, stands in the place of a parent or intends to stand in the place of a parent.

To assist courts in making parenting orders, the DA at section 16(1) states that:

The court shall take into consideration only the best interests of the child of the marriage in making a parenting order or a contact order.

Section 16(3) of the DA supplements section 16(1) by listing the factors that a court shall consider in determining the best interests of the child.  The factors listed under section 16(3) include:

(a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

(b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

(c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

(d) the history of care of the child;

(e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

(f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

(g) any plans for the child’s care;

(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

(i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;

(j) any family violence and its impact on, among other things,

(i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and

(ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and 

(k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.