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Ontario Superior Court’s Decision on Unsupervised Parenting Time: A Controversial Ruling?

Published: January 23, 2024

Last Updated: September 8, 2025

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Ontario Superior Court’s Decision on Unsupervised Parenting Time: A Controversial Ruling?

In a ruling that stirs debate about balancing child safety and parental rights, the Ontario Superior Court of Justice granted unsupervised parenting time to Christopher Hunt, a father previously convicted of assaulting his daughter. This decision, stemming from the case Hunt v. Hunt (2023 ONSC 5411), highlights the complexities and challenges inherent in family law, particularly in situations involving past instances of violence.

Christopher and Laura Hunt, who separated in 2021, have two children: Holly and Rowan. The family’s dynamic took a drastic turn when Christopher was found guilty of assaulting Holly, resulting in an 18-month probation sentence. Despite this conviction, Christopher sought to vary a temporary order to allow him increased and unsupervised parenting time with his children.

Laura strongly opposed this motion, arguing there had been no material change in circumstances warranting such a variation. Her concerns were rooted in the children’s best interests, particularly given the father’s recent conviction. However, the court’s interpretation of the situation diverged significantly.

Central to the court’s decision was the Office of the Children’s Lawyer (OCL) report, which recommended a gradual increase in Christopher’s parenting time, eventually leading to unsupervised visits. The court deemed this report to constitute a significant change in the children’s circumstances, sufficient to reconsider their best interests pending trial.

This situation brings into focus the delicate task courts face in family law: balancing the protection of children with the maintenance of familial relationships. Under the Divorce Act, the court’s primary concern is the children’s physical, emotional, and psychological safety, security, and well-being. In this case, several mitigating factors were considered in the father’s favour. These included his first-offender status, the isolated nature of the incident, a misdiagnosis of a mental health condition possibly contributing to his behaviour, and his demonstrated remorse and efforts to improve his parenting and mental health.

The positive, supervised visits between Christopher and his children also weighed heavily in the court’s decision. Reports indicated that during these visits, the children appeared comfortable and responsive to their father, who remained calm and in control. Christopher proposed a slow and progressive unsupervised parenting schedule, considering the children’s needs and allowing Laura time to rebuild trust. In contrast, the court perceived Laura’s inflexibility and outright opposition to unsupervised time less favourably.

The court’s decision to grant unsupervised parenting time raises significant questions about the criteria for modifying parenting arrangements post-divorce, especially in cases with a history of violence. It challenges us to consider how best to protect children’s interests while ensuring their right to maintain relationships with both parents.

This case underscores the evolving nature of family law, where past actions and current improvements must be weighed against each other. While the court found Christopher’s recent positive developments compelling enough to modify the parenting order, some might argue that the father’s past actions should have held more weight.

This decision invites a broader discussion on the thresholds and considerations necessary in family law, mainly when dealing with child safety versus parental rights. The court’s forward-looking approach, focusing on the children’s ongoing relationship with their father, reflects a nuanced understanding of family dynamics. However, it also opens up a debate on the extent to which past behaviour should influence future parenting arrangements.

In conclusion, the Ontario Superior Court’s decision in Hunt v. Hunt serves as a catalyst for discussion on the complexities of family law. It raises essential questions about the balance between protecting children and preserving their relationships with both parents. What are your thoughts on this matter? Should the court have given more weight to the father’s past actions, or is the focus on the children’s future relationship with their father justified?

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - child custody & access

Ontario law does not specify the age at which a child can decide which parent to live with. At most, the Court may consider the preference of the child but that does not necessarily mean that the Court will act favorably on it. The court will consider the child’s maturity, ability to articulate their desires, and the reasoning behind their views when seeking their opinion.

If a parenting plan is included in your court order under the Divorce Act, the document will be legally binding.

In order to change your child’s last name, you will have to be the child’s parent with legal custody or be the legal guardian of the child. In order to change the child’s last name, you will have to provide notice to anyone who has legal access to the child, and that may include your ex-spouse.

In most cases, the answer is no. However, there can be some exceptions that the mother can build a case upon. These include the father putting the child at risk, non-compliance with the court order, or a history of violence by the father.

Creating a custody plan with a narcissistic ex-partner is a task best left to legal professionals. While there might not be one way to deal with a narcissistic ex, there are things that you can do to turn the tables on a narcissistic co-parent. The best way to prevent problems is to go with no contact or limited contact with your ex-partner and put everything in writing if you must only communicate via email or text message to record statements and harassment.

Let us consider that the “moving away” is relocation and not just a change in residency.

Then, let us qualify that the mother will take your child with her.

If the mother is the primary caregiver of the child, you may oppose the relocation by applying the principles laid down under the Gordon vs. Goertz case. You must present your case strongly as to why potentially cutting your child’s relationship as the primary caregiver is to your child’s best interest. This situation falls under the purview of Section 16.93(2) of the Divorce Act.

If both you and the mother have equal parenting time over your child, the mother of the child has the burden of proof as to why the relocation is for the best interest of your child. This situation falls under the purview of Section 16.93(1) of the Divorce Act.

If there is no Court ordered, approved, or awarded parenting time or separation agreement, as contemplated under Section 16.93(3) of the Divorce Act, the mother has the burden of proof to show that relocation is in the best interest of your child.

Note that even if the burden of proof is not laid upon you, it still recommended that you present a strong opposition to the relocation.

Yes, it is possible for your ex to prevent you from relocating with a child you share, although this will likely plan on your parenting arrangements and decision-making responsibility. If you cannot agree about a relocation, a court will decide based on the child’s best interests.

Generally, you need to provide your ex with 60 days’ written notice of your relocation plan, and you must obtain consent or a court order to move the child. A lawyer can help you navigate this process. Our divorce lawyers will guide you through the application and court order process.

Yes, but they will need to establish paternity, especially if the father and the mother separate. Here are the ways to establish paternity as recognized by the court:

  • Act of birth
  • Presumption of paternity
  • Uninterrupted possession of status
  • Voluntary declaration

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