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In Ontario, decision-making responsibility is the legal authority granted to one or both parents to make important decisions about their child’s well-being when they separate or divorce. Related to decision-making responsibility is parenting time, which refers to the amount of time each parent is legally entitled to spend with their child. These concepts were formerly called custody and access, but have since been changed according to Canada’s Divorce Act and the Children’s Law Reform Act in Ontario.
When a court is deciding how to allocate decision-making responsibility and parenting time, it takes many factors into consideration. The main basis of the decision they make will be the best interests of the child. When safety or well-being concerns for children arise, child protective services in Ontario may get involved. When they do, they can play a role in the outcome of parenting orders.
Understanding the purpose and the authority of child protective services in Ontario is essential for parents navigating family law matters in the province. If certain decision-making responsibility or parenting time arrangements become dangerous to children, such services can effect significant change.
At Gelman & Associates, our Toronto family lawyers understand that divorce and separation is never easy. That’s why we aim to help families resolve their legal disputes efficiently while protecting any children involved. If child protection services are involved in your family law matter, schedule a consultation to discuss your legal options with our team today.
Child Protection Organizations in Ontario
In Ontario, multiple child welfare and child protection services exist. Their purpose is to protect the safety and well-being of children who are found to be in dangerous situations. Decisions made by certain child protection organizations can override parental wishes. This means that the state may take precedence over certain parental disputes when the child’s best interests are at stake.
The Ontario Association of Children’s Aid Societies represents 49 member organizations dedicated to child protection across the province. 47 are mandated Children’s Aid Societies and Indigenous Child and Family Well-Being Agencies that must comply with Ontario child protection standards. They are governed by the Child, Youth and Family Services Act.
Children’s Aid Societies in the province may have the authority to:
- Investigate reports of abuse or neglect of children under 18 and take steps to keep them safe
- Look after children in their care or under their supervision
- Provide counselling and support for at-risk families
- Assist in the placement of children for adoption
- And more
Both secular and non-secular organizations exist to reflect cultural or community-based needs. For example, the Catholic Children’s Aid Society, Jewish Family and Child Services, and more.
How Can Child Protection Services Influence Parenting Decisions?
The main function of child protection organizations is to provide services for children and youth at risk of abuse or neglect. However, reports they make can influence the outcome of family law matters, even when the organization does not formally take over a case. This is because a family court judge may take their findings into account when making decisions about the best interests of the child.
When disputes over decision-making responsibility or parenting time arise, reports issued by a child protection service may be submitted as evidence. For example, you may wish to obtain sole decision-making authority over your child when you believe another parent to be dangerous or unfit; in this case, you may be able to utilize an agency report with findings that support your claim. Child protective services reports might also be used to influence decisions over:
- Supervised parenting time
- Split parenting time
- Joint decision-making responsibility
- Emergency protective orders
- And more
In addition, organizations like the Office of the Children’s Lawyer (OCL) can get involved in parenting time and decision-making responsibility cases. They can be requested by either party or the court, and serve to represent the child’s interests, position, and opinion. The OCL might provide:
- A lawyer to represent the child
- A social worker who meets with the family and writes a parenting assessment for the court
- Or both
It’s important to note that the involvement of the OCL or social workers in family law is not automatic and is usually more advisory than authoritative. Nonetheless, all eligible evidence submitted in court may influence the decision of a judge when it comes to decision-making responsibility and parenting time arrangements.
Contact Gelman & Associates for Assistance With Decision-Making Responsibility and Parenting Time
When child protection services get involved in your family law matter, your case can become more complex. At Gelman & Associates, our family lawyers are prepared to help you navigate the legal system, respond to reports or investigations, and ensure your side is represented clearly.
If you have questions about parenting time or decision-making responsibility, schedule a consultation with our legal team today. We can advise you about your legal rights and obligations, especially when child protection organizations are concerned.
