Divorce and Fatherhood: Understanding Your Rights in Canada

Divorce is a challenging journey for any parent.  And if you’re a father, you might be feeling uncertain about what comes next, especially when it comes to your kids.

The good news? Canadian family law is built around the idea that children benefit from having both parents in their lives.

If you’re a dad, this means you have rights too — and it’s important to understand what fathers right are.  It will not only make the transition smoother, but it will also reduce acrimony and help maintain a strong relationship with your children in the future.

Here are some of the key points to know:

The Legal Impact of Divorce on Fathers

There’s a common misconception in divorce law that courts automatically side with mothers in divorce cases.  In the modern Canadian legal system, this is simply not true.

Instead, the courts’ focus is squarely on what’s in the best interests of your children — and that includes making sure that as their father, you stay actively involved whenever possible.  This principle actually ensures that you have an equal right to be involved in your children’s lives, provided it serves their well-being.

That said, an equal division is not automatic.  The courts will assess various factors, when making any decision about your children.  Among many other things, these factors include:

• each child’s needs (emotionally, physically, developmentally)
• each parent’s ability meet those needs and to care for the child or children
• the existing bond between each parent and each child
• the willingness of each parent to continue to support the child’s relationship with the other parent.

In short: It’s a complicated equation.  But if you’re a committed and capable parent, regardless of gender, the law is on your side.

Parenting Time and Decision-Making Responsibility

With that out of the way, you might be concerned about how this all plays out in your day-to-day, after (or during) your divorce.  In the past, you might have heard the terms “custody” and “access”, but in Canada those have now been replaced with more modern language:

• Parenting time is the time your child spends with you. During your parenting time, you’re in charge of their daily needs—meals, bedtime routines, helping with homework, and so on.
• Decision-making responsibility refers to who makes the big-picture decisions about your child’s life—like health care, schooling, and religious upbringing. You and your ex can share this responsibility, or one parent may take the lead, depending on what’s best for the child.

Again, if you are the father there is no presumption – either in favour or against – your being able to assert your rights to parenting time or decision-making responsibility in connection with your children.  Nor is there a presumption that you and the mother will share these responsibilities equally.

As before, the court will make a ruling based on the circumstances of your situation.

It’s also important to note that two rights/responsibilities don’t always go hand in hand. You might have lots of parenting time but not share in decision-making—or vice versa. There’s also no automatic “winner” or “loser.” The court will tailor the arrangement to suit your family’s specific situation.

Child Support Considerations

The next concern is over child support.  In Canada, this is considered a legal obligation – it’s not optional. As parents, each of you has the duty to ensure your children receive financial support, regardless of who they live with most of the time.  Here are some key points:

• There is nothing to say that the support must be equal in terms of the dollar amount – this again is based on the circumstances.
• The amount is calculated based on the Federal Child Support Guidelines, which consider the paying parent’s income and the number of children.
• In shared parenting arrangements (where your child or children spend at least 40% of the time with each parent), a different calculation is used, to reflect the impact of shared expenses.

It’s crucial to understand that child support and parenting time are separate issues. You don’t lose your right to see your children because you are behind on support payments; conversely you cannot stop paying support just because you don’t see them as often as you’d like. The Family Justice system has other avenues for enforcing those aspects of your legal rights and duties.

Resources for Divorced Fathers in Canada

Navigating the complexities of family law can be daunting, but you’re not alone. There are several excellent resources out there, to help you get informed and take the next steps:

• Legal Aid Ontario – Legal support for those who qualify, including family law advice
• Family Law Information Centres (FLICs) – Located in many courthouses; great for free legal info
• Community Legal Education Ontario (CLEO) – Offers easy-to-understand guides on parenting arrangements and support
• Department of Justice Canada – A one-stop-shop for information about family law across the country

We’re Here to Help

Divorce might feel like the end of one chapter—but it’s also the beginning of a new one. Knowing your rights and responsibilities as a father can help you build a solid foundation for the road ahead.

If you’re unsure where to start or need advice tailored to your situation, give us a call. Our team of experienced Family Lawyers is here to help you stay involved in your child’s life—and make sure you have the support you need along the way.