Separation and Divorce

Visiting Rights


Visiting rights let children to spend time with a person who does not have custody of the children.

Custody Versus Visiting Rights

A parent does not have custody if the children are with the parent less than 40% of the time. Instead, this parent has visiting rights.

Divorce: Vocabulary Change in the Law

Since March 1, 2021, the Divorce Act no longer uses the terms “custody” or “access”. The law now uses the term “parenting time” to describe a divorced parent’s relationship with a child of the marriage. For more information, see our article Divorce: What Is “Parenting Time” and What to Do When Moving.

Children Have a Right to See the Parent Without Custody

Children have the right to as much contact as possible with the parent who doesn’t have custody, as long as this is in their best interests.

Visiting rights come in different forms:

  • telephone calls
  • visits lasting a few hours
  • outings, including overnight stays or quick trips somewhere
  • vacations
  • etc.