In Ontario, both parents have equal custody rights when no court order exists

Under Ontario family law, both parents automatically share equal custodial rights and responsibilities for their children when there is no formal court order in place. However, this informal arrangement can lead to challenges and uncertainties. To protect everyone’s interests, parents should consider:

• Establishing a formal custody agreement through mediation or legal channels
• Creating a detailed parenting plan that outlines schedules, decision-making, and responsibilities
• Documenting important arrangements regarding education, healthcare, and living arrangements
• Working with a family mediator to develop mutually agreeable solutions

While equal rights exist by default, formalizing custody arrangements helps prevent future disputes and ensures the best interests of the child remain the primary focus.