Father's Rights: What Every Father Needs to Know

In Ontario, family law decisions are all about prioritizing the child’s best interests—without bias towards either parent. However, it can still be challenging for fathers to secure sole decision making or primary residence due to historical assumptions that children are better off living with their mothers. If you're a father requesting joint or sole decision-making, primary residency of your child and/or increased parenting time; the following article will help you understand your rights and unlock the best kept secrets for navigating the legal system.

What Rights Do Fathers Have?

Fathers in Ontario have the same rights as mothers when it comes to decision-making, and parenting time. Under the Children’s Law Reform Act, fathers have the following rights:

1. Decision-Making: Fathers can apply for either sole or joint decision making, which involves making key decisions about the child’s welfare, including education, healthcare, and religion. The Courts will consider what is in the best interest of the child when making a determination.
   
   If a father is granted sole decision-making responsibility, he may have the ability to make decisions pertaining to their child’s welfare without consulting the mother. However, if joint decision-making is ordered, both parents share the responsibility and must consult each other on significant decisions regarding the child’s welfare.

1. Parenting Time: This refers to the amount of time a parent spends with their child. Fathers, like mothers, have the right to seek primary residence of their child, particularly if they believe the mother poses a risk to the child's safety or well-being. If the father presents sufficient evidence of such a risk, the Court may grant the mother supervised, limited, or even no access to the child.
   
   In the absence of safety concerns, however, the Court is likely to endorse shared parenting time in circumstances where the child is used to living with both parents, ensuring both parents have a fair opportunity to be actively involved in their child's life. In circumstances where the child has historically lived with one parent or a status quo has developed since separation where the child primarily lived with one parent, a judge will likely endorse a parenting schedule that is consistent with the best interests of the child. This principle applies equally to both fathers and mothers.

How Fathers Can Strengthen Their Case for Decision-Making & Parenting Time:

When seeking an increase in parenting time, decision-making rights or even primary residence of your child, evidence is crucial. To succeed, fathers must demonstrate that the changes will benefit the child. The focus should always be on the child’s best interests. Here are key areas fathers can focus on to improve their chances of success:

• Keeping Detailed Records: Documenting your involvement in your child’s daily life, including school, medical appointments, extracurricular activities etc.
• Demonstrating a Stable Home: Show that you can provide a supportive, safe, and stable environment for your child.
• Being Actively Involved: Stay engaged with your child’s education, health and other activities to prove your commitment.
• Maintaining Positive Communication: Avoid conflict with the other parent and foster open, respectful communication.

Does a Mother Have Grounds to Deny the Father Parenting Time?

In Ontario, children have the right to maintain meaningful relationships with both parents. One parent cannot deny the other parent parenting time unless there is a Court Order explicitly prohibiting the access. In the absence of such an Order, or a mutual agreement between the parties, the Courts generally give effect to the principle that a child should have as much time with each parent as is consistent with the best interests of the child.

Can a Father Change an Existing Decision-Making or Parenting Time Order? 

If a father wishes to modify an existing Court Order regarding decision-making or parenting time, he must file a Motion to Change. In this motion, the father must clearly outline the reasons for the proposed changes. It is crucial, as it is for the mother, to demonstrate how the requested changes will serve the best interests of the child, rather than focusing solely on the father's desire for more time or decision-making authority. This distinction is important.

Protecting Father's Rights

Fathers in Ontario have the same rights as mothers regarding parenting time and decision-making for their children. While unconscious biases may exist, the law supports shared parenting and equal responsibility. If you are a father seeking decision-making rights or increased parenting time with your child, understanding your options is crucial. At Shulman & Partners LLP, we’re here to listen, protect your rights, and help you navigate the legal process.