The principles in the legislation and the jurisprudence make it clear that parenting time shall be determined based upon what is in the best interests of the children. Following Lang v. Qureshi, 2025 ONSC 585:
a) Best interests of a child is determined by focusing on the child, not the parent. The analysis should be centered on the rights of the child, from a child-centred perspective. See para. 26(c).
b) Primary consideration is to be given to the child’s physical, emotional and psychological safety, security and well-being. See para. 27.
c) A proper consideration is the willingness of each spouse to support the development and maintenance of the child’s relationship with the other spouse. See para. 29.
d) An assessment of the best interests of the child must take into account all of the relevant circumstances with respect to the needs of the child and ability of each parent to meet those needs. Each child deserves to have a meaningful and consistent relationship with both parents. See para. 30.
e) The allocation of parenting time must adhere to the principle that “a child should have as much time with each spouse as is consistent with the best interests of the child”. See para. 33.
f) A child focused approach is required, with an important goal of achieving as much parenting time as possible with each parent, so long as it is consistent with the child’s best interests. It may end up being equal time. It may end up being some other division of time. See para. 33(c).
g) Frequent and meaningful parenting time is necessary for the formation and continued development of healthy attachments between young children and their parents. See para. 33(f).
h) A young child with attachments to both parents needs sufficient contact with both, without prolonged separations to maintain a meaningful and close relationship with them. See para. 33(g).
i) The allocation of time must address both quantitative and qualitative considerations. Parenting time entails more than simply one-on-one parent and child interaction. It includes parental responsibility and involvement with respect to all aspects of the child’s life – throughout the child’s schedule – including school-related matters, extracurricular activities, and other events. See para. 33(h).”