Editorial update — September 6, 2026: The description of the 2021 amendments and the parenting-time principle has been corrected. The original publication date is retained.
At Home Counsel Legal Services (HCLS), we recognize that most parents inherently aim to prioritize their children’s well-being. Yet, the strain of a contentious divorce can blur the lines between what benefits the child versus what serves the parent’s interests. This dilemma often arises not from selfish motives but from the fog of emotional upheaval during a separation. In the legal landscape of Ontario and across Canada, the principle guiding parental decisions during divorce is clear: the child’s best interests are paramount, overshadowing all other factors, including the parents’ personal wishes.
Child’s Best Interest Principle
The March 1, 2021 amendments to the Divorce Act set out a detailed list of best-interests factors, including family violence. The child’s best interests were already the governing standard; the amendments expanded the statutory guidance for applying it. See the Department of Justice explanation of the best-interests amendments.
The Act’s section 16(1) mandates that courts focus solely on children’s best interests when issuing parenting or contact orders. Furthermore, section 16(2) emphasizes that a child’s physical, emotional, and psychological well-being is the foremost priority. The detailed criteria listed in section 16(3), while not exhaustive, provide clear guidance for legal professionals and parents, ensuring that the factors influencing judicial decisions are transparent and centred around the child’s welfare.
Revising the Maximum Contact Principle
Section 16(6) of the Divorce Act provides for as much time with each spouse as is consistent with the child’s best interests. It does not presume equal parenting time. The amount and arrangement of time must fit the child’s circumstances, including safety and wellbeing. See section 16 of the Divorce Act.
Each parenting proposal therefore needs to be assessed against the child’s best interests, rather than a preset division of time between the parents.
At HCLS, we urge parents navigating divorce to understand these legal shifts and to approach custody and parenting discussions with the child’s needs as the guiding principle. Our team is dedicated to supporting families through these transitions, offering expert advice and mediation services to develop parenting plans that reflect the updated legal standards and promote the well-being of children above all else. Contact HCLS for guidance and representation that prioritize your child’s best interests throughout your divorce proceedings.
