Child Custody Lawyers in Toronto

Protecting your children. Since 1987.

Nothing matters more after a separation than your children. Gottlieb Family Law helps Toronto parents build parenting arrangements that work — by agreement where possible, and in court when it is needed to protect a child.

We give you a clear picture of your rights, what a court is likely to focus on, and the steps to get a stable arrangement in place. Call 416-227-1653 or book a consultation.

“Custody” is now decision-making responsibility and parenting time

Since March 2021, Canada’s Divorce Act and Ontario’s Children’s Law Reform Act no longer use the words “custody” and “access”. Parenting is now described in two parts:

Decision-making responsibility: the right to make significant decisions about a child’s life, such as health care, education, religion and major activities. It can be held by one parent, shared, or divided by topic.
Parenting time: the time a child spends in each parent’s care, including time at school or daycare during that parent’s period.

How courts decide: the best interests of the child

A judge looks only at the child’s best interests, and gives primary consideration to the child’s physical, emotional and psychological safety, security and well-being. Factors include:

the child’s needs, given their age and stage of development
the strength of the child’s relationship with each parent and other important people
each parent’s willingness to support the child’s relationship with the other parent
the history of care for the child
the child’s views and preferences, given their age and maturity
any family violence and its impact
each parent’s plan for the child’s care

There is no automatic 50/50 rule. The law says a child should have as much time with each parent as is consistent with the child’s best interests.

Parenting plans and agreements

Most parents settle parenting through a written parenting plan, often as part of a separation agreement. A good plan covers the weekly schedule, holidays, how decisions are made, school and activities, communication, and how disagreements will be resolved. Courts generally respect plans that serve the child well.

How we help

Intake call. Tell our intake team what is happening. We match you with the right lawyer.
Consultation with a lawyer. A paid consultation, booked in advance. We review your situation and give you a strategy.
Negotiation or mediation. We work toward a parenting plan both parents can live with. See mediation and arbitration.
Court, if needed. We bring or respond to an application and represent you through case conferences, motions and trial.

Children’s views and the Office of the Children’s Lawyer

Children cannot simply choose where to live, but their views matter more as they get older and more mature. In some cases the court asks the Office of the Children’s Lawyer to get involved, or receives a “voice of the child” report, so the child’s perspective is heard without putting them in the middle.

Moving with your child (relocation)

If you have a parenting order or agreement and plan a move that would significantly affect the child’s relationship with the other parent, you must give at least 60 days’ written notice. The other parent has 30 days to object. If they object, the child cannot be moved until the matter is resolved by agreement or a judge. Learn more about mobility rights.

Parenting time and child support

Parenting time affects child support. When a child spends at least 40% of the time with each parent, the Child Support Guidelines treat it as shared parenting, which can change the support calculation.

What does a custody case cost?

It depends mostly on whether the parents can agree. A negotiated parenting plan costs far less than a contested court case. We give you a cost estimate at the consultation. If you qualify for a Legal Aid Ontario certificate, we accept it.

Why Toronto parents choose Gottlieb Family Law

Experience since 1987. Led by Gary Gottlieb, with a team focused only on family law.
Child-focused, trial-ready. We aim for arrangements that protect children and reduce conflict, and we go to court when that is what it takes.
Child protection experience. We also act in Children’s Aid cases.
Private and Legal Aid clients.
Fast replies. We respond within 24 hours.

Read what our clients say.

Child custody lawyers serving Toronto and the GTA

We help parents across Toronto and the GTA, including Rosedale, Yorkville, Midtown, North York, Willowdale, Etobicoke, Forest Hill, The Annex, Downtown Toronto, Richmond Hill, Woodbridge, Oakville.

Child custody FAQs

Is there still “sole custody” and “joint custody” in Ontario?

The law now uses “decision-making responsibility” instead. It can be given to one parent (similar to sole custody), shared by both (similar to joint custody), or divided so each parent decides different areas.

Do fathers and mothers have equal rights?

Yes. The law does not favour either parent. The court looks only at the child’s best interests.

Is 50/50 parenting time automatic?

No. There is no presumption of equal time. Each parent should have as much time as is consistent with the child’s best interests.

At what age can my child choose where to live?

There is no set age. A child’s views carry more weight as they get older and more mature, but a judge decides based on the child’s best interests.

Can I move with my child without the other parent’s permission?

If the move would significantly affect the other parent’s time with the child, you must give at least 60 days’ notice, and the other parent can object. Moving without following the rules can seriously hurt your case.