When parents separate or divorce, one of the most emotionally charged issues is who will have full custody of a child. In modern Canadian family law, the idea of “full custody” is more commonly expressed as sole decision-making responsibility (sometimes still referred to as sole custody) plus primary parenting time. Courts prioritize what is in the best interests of the child. Below is a detailed breakdown of what you need to know — the legal framework, what grounds support a claim for full custody, how to prepare a case, and practical tips for moving forward.

1. Legal Framework: Key Concepts & Terminology

Decision-Making Responsibility & Parenting Time

• Under the Divorce Act (for married/coupled parents who divorce) and provincial/territorial legislation (for separations more broadly), courts assess who should make major decisions for the child (education, health, religion) and how much time the child spends with each parent.
• For example, in Ontario’s Children’s Law Reform Act, “custody” and “access” terminology changed to decision-making responsibility and parenting time, but decisions still turn on the best-interests test.
• “Full custody” is often used in everyday language to mean one parent has sole decision-making responsibility and/or has the child living primarily with them (primary parenting time).

Principle of “Best Interests of the Child”

• The overarching standard is: What arrangement most benefits the child’s emotional, psychological, physical, and developmental needs? Courts will look at a range of factors.
• For instance, Ontario law sets out that the merits of a custody decision are determined based on the child’s best interests, considering:
  • The child’s emotional ties and attachments
  • The child’s views and preferences (if they can reasonably be determined)
  • The length of time the child lived in a stable home environment
  • Each parent’s ability and willingness to provide guidance, care, special needs, education, etc.

No Automatic Preference for One Parent

• Canadian courts do not presume that mothers automatically get full (or sole) custody. Fathers are equally eligible, provided they establish what is best for the child.
• The key question is: Is there compelling evidence that one parent should have sole decision-making responsibility and/or primary parenting time because it serves the child’s best interests?

2. What Are the Grounds for Seeking Full Custody?

While each case is unique, some common grounds or factors strongly support a claim for full custody. These grounds generally tie back to showing that the other parent is unable, unwilling, or unsafe in a way that impacts the child’s best interests. Below are the major grounds:

1. History of Abuse or Family Violence

• Evidence of physical, sexual, or emotional abuse by one parent (towards the child, the other parent, or others in the home) is one of the strongest grounds. Courts take violence seriously.
• Domestic violence, an unsafe parenting environment, or exposure of a child to violence can tilt the decision towards awarding the parent who can provide a safe environment.

1. Neglect or Inability to Provide Basic Care

• If a parent has consistently failed to provide basics such as supervision, medical care, education, adequate food/shelter, or a stable home, that is a serious concern.
• This may include chronic school absenteeism, failure to keep up with health appointments, or unstable living arrangements.

1. C. Substance Abuse or Addiction Issues

• Ongoing and untreated substance abuse (drugs, alcohol) that impairs a parent’s ability to safely care for or make decisions for the child is a key ground.
• Courts will look at evidence such as treatment history, police records, expert testimony, or patterns of behaviour that compromise parenting.

1. Serious Mental Health Issues Impacting Parenting

• A parent may have mental health conditions, but if they are managed and do not impede parenting, that alone isn’t disqualifying. However, serious, untreated mental health problems that interfere with decision-making, stability, or safety can be a factor.
• Important: the focus is on impairment of parenting capacity, not simply the existence of a diagnosis.

1. Parental Alienation or Interference with the Other Parent

• If one parent is actively undermining the child’s relationship with the other parent, or using the child as a pawn in conflict, courts can view that negatively, and it might support a full custody claim for the other parent.

1. Stability, Routine, and Capacity to Provide a Safe & Nurturing Home

• Even without egregious misconduct by a parent, a parent seeking full custody must show they can provide greater stability, routine, and a better environment for the child.
• This includes things like: a consistent home, schooling, community ties, emotional support, and the ability to encourage the child’s relationship with the other parent, unless that would harm the child.

1. The Other Parent’s Conduct or Lack of Involvement

• A mostly absent parent, who refuses to cooperate in co-parenting, or consistently fails to participate meaningfully, may find that the court gives more weight to the other parent’s stability.

3. How Courts Evaluate Evidence for Full Custody

Burden of Proof

• The standard is the balance of probabilities (i.e., more likely than not) rather than “beyond a reasonable doubt”. The parent seeking full responsibility must provide credible, reliable evidence.
• Do not rely on assumptions. Documented proof matters.

Effective Communication and Co-Parenting Ability

• Canadian courts also look closely at how effectively each parent communicates about their child’s needs and how well they cooperate in co-parenting. The ability to exchange important information about school, health, safety, and daily routines in a respectful and consistent manner is an important sign of responsible parenting. Judges generally favour the parent who demonstrates a willingness to communicate constructively, share updates, and involve the other parent appropriately in the child’s life. Conversely, a parent who refuses to communicate, sends hostile or manipulative messages, or uses the child as a messenger may be viewed as putting their own conflict above the child’s best interests.
• Strong, child-focused communication and cooperation are often decisive factors in whether a parent is granted full or shared decision-making responsibility.

Types of Evidence That Help

• Police reports, protection orders, and documented instances of abuse or family violence
• Records of substance abuse treatment, drug test results, expert reports
• Mental health or psychiatric evaluations (if relevant) showing impairment of parenting
• School, medical, dental, or therapist records tied to the child showing involvement or neglect
• Evidence of the parent’s involvement in the child’s life (pick-ups, drop-offs, doctor visits, extracurriculars)
• Affidavits, witness statements, and character references about parental conduct
• Evidence of the environment: home stability, routine, community ties, school involvement
• Communication logs showing co-parenting efforts or lack thereof

What Courts Don’t Want to See

• A parent attacking the other parent personally, except through objective evidence; courts appreciate parents who support a healthy child-other-parent relationship unless safety dictates otherwise.
• Over-reliance on hearsay or emotion without concrete evidence.
• vague Plans; courts prefer concrete, realistic proposals for care, parenting, decision-making.

4. Practical Steps for Parents Seeking Full Custody

If you believe you have grounds to seek full custody (sole decision-making + primary parenting time), here are practical steps you should consider:

1. Consult a family law lawyer: Canadian family law is complex and varies by province/territory. A lawyer will help assess your case.
2. Gather evidence: Collect documents, reports, records, and witness statements. The more concrete your evidence, the stronger your position.
3. Document parenting role: Show how you have been the primary caregiver: school involvement, medical care, daily routine, finances, extracurriculars.
4. Show a safe environment: Demonstrate your home is stable, routines exist, the child’s needs are met, and community ties are intact.
5. Be cooperative unless unsafe: Unless there’s a risk to the child, cooperating with the other parent often strengthens your case because courts favour arrangements that encourage both parents in the child’s life.
6. Prepare a parenting plan: Even though you seek full custody, courts like to see how parenting time with the other parent (if any) will function and how decision-making will work.
7. Be realistic about outcomes: Full custody is often a last resort in serious cases (abuse, neglect, substance misuse). Courts generally prefer shared or joint arrangements if both parents are fit and willing.
8. Protect the child’s voice: If the child is of an age and maturity to express views, the court may consider their preferences (although this is only one factor).
9. Stay organized and consistent: Documentation is key. Keep logs, receipts, and communication records.
10. Focus on best interests, not “winning”: Your case will be stronger if you show you are acting in the child’s best interests, not simply out of anger or retaliation.

5. Important Things to Remember

• Even if you are seeking full custody, the other parent may still have parenting time (visitation) unless there is evidence, they are unfit. The terminology has shifted: decision-making does not always equal where the child lives full-time.
• Child support obligations are separate from custody/decision-making arrangements. Having full custody does not necessarily reduce the other parent’s support obligations (if applicable).
• Legislation and case law differ slightly by province/territory, but the best-interests test is universal across Canada.
• Courts favour arrangements that allow for ongoing meaningful relationships with both parents, unless there is evidence that such relationships are detrimental to the child.
• The term “full custody” is informal. It’s better to talk in terms of “sole decision-making responsibility” and “primary parenting time / greater parenting time”.

6. How Our Law Firm Can Help

At IQBAL LAW, we understand how emotionally and financially stressful custody disputes can be. We can assist you by:

• Reviewing your situation to assess your grounds for seeking full custody
• Helping you identify and obtain the necessary evidence to build your case
• Drafting and filing motions/applications for sole decision-making responsibility and/or primary parenting time
• Negotiating with the other parent where possible to avoid protracted litigation
• Advising you on working with child-focused professionals (e.g., social workers, psychologists)
• Guiding you through settlement discussions, mediation, or court hearings

Final Words

If you are considering seeking full custody of a child in Canada, it’s critical to focus your case on the best interests of the child, to gather strong evidence of any issues (abuse, neglect, substance misuse) with the other parent, and to demonstrate your ability to provide a safe, stable, nurturing environment. While every case is unique, understanding the grounds and legal framework gives you a clear path forward.

Contact us today for a consultation to explore your options and start building a strong strategy for your family.

 

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult a qualified family law lawyer in your province or territory for advice specific to your case.