Filing for Joint Custody? Here's What You Need to Know

Thinking about filing for joint custody? Whether you're recently separated or re-evaluating an existing arrangement, it's normal to feel unsure about where to begin. The legal process can seem unclear, especially when your child’s well-being is involved.

You're not alone. Many parents struggle to understand what joint custody really means in Ontario, how it affects parenting time, and what steps are required to make it official.

The good news? Filing for joint custody doesn't have to be complicated if you follow the right steps and make informed decisions along the way.

In this guide, you’ll learn how to file for joint custody in Ontario, what the court considers, and how to create an arrangement that works for your family.

Filing for Joint Custody in Ontario

To file for joint custody in Ontario, start by creating a detailed parenting plan outlining how you and the other parent will share decision-making. Then, complete and file Form 8 (Application), along with related custody forms, either online through the Ontario Court portal or at your local courthouse. The court will review your plan and issue a legally binding order if it meets the child’s best interests.

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What Joint Custody Means in Ontario

In Ontario, joint custody refers to shared decision-making—not necessarily equal parenting time. It means both parents have an equal say in major decisions affecting the child, including:

• Education (school selection, learning support)

• Health care (treatment, surgeries, specialists)

• Religion or spiritual upbringing

• Major life decisions (such as relocation)

It’s important to note that “custody” and “access” have been replaced under Ontario’s updated family law with the terms “decision-making responsibility” and “parenting time.”

Joint custody does not automatically mean 50/50 physical custody. You can have joint custody (shared decision-making) even if one parent has the child most of the time.

Tip: Judges are more likely to approve joint custody when both parents have a track record of cooperative parenting.

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What Is the Best Arrangement for Joint Custody?

The best arrangement is the one that fits your child’s routine, not just your preferences. Courts want to see evidence that:

• The child has consistency in home, school, and social environments

• Both parents can communicate and cooperate

• The arrangement reduces stress and transitions for the child

Popular joint custody setups include:

• 2-2-3 rotation – One parent gets Monday–Tuesday, the other gets Wednesday–Thursday, and they alternate weekends.

• Alternating weeks – The child spends one full week with each parent.

• Split weeks – Time is divided midweek, such as Monday–Wednesday with one parent, Thursday–Sunday with the other.

Parents with younger children may opt for more frequent exchanges to maintain attachment. Teens, on the other hand, may prefer a week-on/week-off structure.

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What Is the Best Way to Do 50/50 Custody?

A 50/50 schedule only works well under certain conditions. Both parents must be committed to low-conflict communication, live reasonably close to one another, and agree on the child’s needs.

Before proposing 50/50 custody, consider:

• Commute time to school – Will your child be stuck in traffic each morning?

• Work schedules – Do your jobs allow flexibility for pickups and drop-offs?

• Sibling care – How will you manage time if other children are involved?

• Conflict resolution – Are you able to solve disagreements without court?

If not, 50/50 may cause more disruption than benefit. In high-conflict cases, judges often reject 50/50 custody in favor of stability.

Fact: According to the Department of Justice Canada, children do better in shared custody only when parents are cooperative and communicate respectfully.

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How to File for Joint Custody: A Step-by-Step in Ontario

Filing for joint custody in Ontario involves legal forms, parenting plans, and sometimes court appearances. Here’s a detailed breakdown:

1. Create a Parenting Plan

A parenting plan outlines how you and the other parent will handle:

• Parenting time schedule

• Decision-making responsibilities

• Communication rules

• Holidays, vacations, and special events

Use Ontario’s official Parenting Plan Guide to make it clear and court-ready.

Some parents reach a child custody agreement without court, using mediation or collaborative family law. This route saves time and reduces stress—especially if you both want to avoid court hearings.

2. Complete the Right Court Forms

Start with:

• Form 8 – Application (General): To request custody formally

• Form 35.1 – Parenting Affidavit: Details your relationship with the child

• Form 13 – Financial Statement: If support payments are involved

If both parents agree, you can use Form 8A – Application (Simple) for a joint filing.

3. File the Documents

There are two ways:

• Online through the Ontario Family Court portal

• In-person at the courthouse where your child resides

Expect to pay a filing fee (typically $157 to start a case, as of this writing).

4. Serve the Other Parent (If Not Filing Jointly)

Serve the other parent with a copy of the forms using a process server or third party. They’ll have time to respond.

5. Attend Case Conferences or Mediation

If you don’t agree, the court may schedule a case conference or suggest custody mediation, where a trained professional helps you resolve disputes.

6. Receive a Court Order or Endorsement

Once you reach an agreement (or the judge makes a decision), the court will issue a custody order or formalize your parenting plan.

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If you’re wondering how long do custody hearings last, it depends. Most last several hours or a few days, but complex cases may take weeks.

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How to File for Custody in Ontario Online

Online filing is efficient if you’ve organized your documents. Here’s how:

1. Prepare PDFs of all your completed forms

2. Visit the Ontario Family Court online portal

3. Upload documents and pay the required fees

4. Wait for confirmation from the court office

Reminder: Online filing is only available for certain types of family law cases. If your situation involves domestic violence, legal aid, or complex parenting issues, consider speaking with a family lawyer.

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Factors Ontario Courts Consider for Joint Custody

When deciding on custody, Ontario courts don’t automatically favour one parent. They focus entirely on the best interests of the child, which includes:

• Stability and routine

• The child’s emotional and physical well-being

• Past parenting roles and responsibilities

• Each parent’s ability to cooperate

• Any history of abuse, neglect, or violence

A judge may be less inclined to grant joint custody if there's evidence of high conflict or communication breakdown. That said, learning how to fight for custody the right way involves documenting your involvement and proving your reliability—not tearing the other parent down.

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Benefits of Joint Custody

Here’s why many families consider joint custody:

• Shared responsibility eases pressure on one parent

• More involvement from both parents benefits child development (source: Journal of Family Psychology)

• Reduces parental burnout

• Encourages cooperation and consistency between homes

Plus, it often prevents costly, long-term legal battles compared to one parent seeking full control.

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What Happens if Joint Custody Fails?

Joint custody can break down when:

• One parent moves far away

• Parents stop communicating

• The child’s needs change

• One parent refuses to follow the agreement

In such cases, either parent can apply to vary the custody order. Courts may consider sole custody if it’s clearly in the child’s best interest.

Some parents ask, how can a mother win full custody? The answer lies in proving that sole custody offers greater stability, not just expressing personal preferences.

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Why Mediation Can Make or Break a Joint Custody Case

If you and your co-parent can’t agree on custody terms, the court may recommend—or require—custody mediation. This process can:

• Help you reach an agreement faster

• Reduce legal costs and court appearances

• Avoid long-term conflict in front of your child

Judges favor parents who try mediation before litigating custody battles. It shows a willingness to cooperate and prioritize the child’s needs.

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Final Thoughts

Filing for joint custody in Ontario isn’t just about paperwork—it’s about proving you can make thoughtful, child-centered decisions with your co-parent. Focus on creating a realistic parenting plan, communicating clearly, and showing the court that you’re capable of shared responsibility.

Whether you're just starting or already discussing parenting time, take the steps to protect your child’s routine and emotional security.

And remember: A judge’s final decision will always come down to what serves the child’s best interests—so keep that your guiding principle, every step of the way.

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Need Help Filing for Joint Custody in Ontario?
Braystone Mediation can help you prepare a parenting plan and support you through the joint custody process. Contact us today to get started.

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