The Differences Between Shared and Split Parenting Time in an Ontario Separation or Divorce

If there are two aspects of separation or divorce that may be more confusing than others, it is in the decision-making responsibility and parenting time rights of each parent, particularly in cases of shared and split parenting time.  Prior to March 1, 2021 when the amendments to the Divorce Act came into force, shared parenting time and split parenting time were referred to as shared custody and split custody respectively which made it more confusing for parents to understand what they meant. 

While lawmakers continue to try to streamline family law legislation, sometimes language gets in the way. For shared and split parenting time, the confusion is now better understood. Shared parenting time does not necessarily mean that the children’s time is shared equally between parents and split parenting time does not mean the children's time is split between parents.

Instead, shared and split parenting time arrangements govern the physical care of the children, particularly where the children reside and on what schedule.    

What is Shared Parenting Time?

Shared parenting time is when the children reside with each parent between 40% to 60% of the time. It may also include where the children reside with each parent equally. A common shared parenting time arrangement is the “week on/week off” schedule where the children spend one week with one parent and the following week with the other parent.  This schedule typically works better for older children.  Another common shared parenting time arrangement is where the parents each have parenting time during the week and alternate the weekends.

Shared parenting time arrangements may affect the amounts of child support payments. 

What is Split Parenting Time?

In a family with at least two children, split parenting time means each parent has the primary parenting time of at least one child and the other parent has primary parenting time of any of the remaining children. An example of split parenting time in a family of two children is where one child resides with one parent for more than 60% of the time (primary parenting time), and the other child resides with the other parent for  more than 60% of the time.

Courts generally try to keep siblings together in primary parenting time arrangements, so split parenting time is not as common as shared parenting time.

At Williams Family Lawyers, we use our many years of experience to advise our clients on creative terms of a Parenting Plan so as to avoid future conflict.  If you would like to learn more about the differences between shared custody and split custody in an Ontario divorce, please call us here at Williams Family Law.