Custody terms, translated into plain English — for Canadian parents

How to read this in Canada

Keep the record in layers: what the plan says, the dated event and its source, then what happened next. A fact stops being useful the moment it is written up as a legal conclusion.

Canadian rules can come from federal, provincial or territorial law. Start with the order or plan that applies to you, and keep its exact terms, such as parenting time or decision-making responsibility.

If you need to correct an error, add a dated note rather than editing the original. Keep routine events near the disputed ones so a family lawyer in your province or territory can judge which facts actually matter.

Province-or-territory checklist for a Canadian review

Name the province or territory and the court. Add the law or order tied to the parenting plan. Keep its own terms for parenting time, major decisions, contact, and support. Use local forms and due dates. If two legal areas may be involved, flag that point for a lawyer.

Custody types

• Legal custody — who can make major decisions about matters such as education and healthcare. This is separate from where the child lives.
• Physical custody — where the child lives most of the time. Legal and physical custody can be decided separately.
• Joint / sole custody — joint generally means shared; sole generally means held by one parent. Check the order for the exact rights and responsibilities.
• Parenting time (visitation) — the schedule for when a child is with each parent. Courts may use either term.
• Custodial / noncustodial parent — labels often used for the parent with whom the child mainly lives and the other parent. Definitions can affect support or court process. So use the wording in your order and local rules.

People and roles

• Guardian ad litem (GAL) — a person appointed to protect or represent a child's interests in a case. The role and powers vary widely. Read the appointment order. See preparing for a GAL.
• Custody evaluator — a court-appointed expert who assesses exact custody questions and reports findings or recommendations. The process varies by state and order.
• Mediator — a neutral person who helps parents try to reach an agreement but does not decide the dispute. See mediation planning.
• Parenting coordinator — an expert used in some states or cases to help parents implement an existing plan and manage certain disputes. Their authority comes from local rules and the appointment order.

Process terms

• Best interests of the child — the legal standard courts use for custody and parenting-time decisions. The factors a court must consider vary by state.
• Parenting plan — a document or court order covering matters such as the schedule, holidays, exchanges, and decision-making. Needed contents vary.
• Ex parte — a request considered without the other party taking part at that stage. It is often used for urgent issues. But the rules and notice requirements vary.
• Discovery — the formal process for exchanging relevant information and documents in a case. Your records may be requested, which is one reason to keep them factual and exact.
• Contempt — a court finding that someone disobeyed an order or failed to meet a legal duty. The needed proof and available consequences vary. A custody journal can organize records. But it does not set up contempt by itself.

Schedule terms

• Right of first refusal — if this clause is in a plan, it may need a parent who needs childcare during their time to offer that time to the other parent first. The clause should define when it applies.
• Supervised visitation — parenting time that takes place with an approved person or service present. The order should state the conditions.
• Make-up time — replacement parenting time after scheduled time was missed. Whether it is needed, agreed, or completed should be recorded separately.

A Canadian review note

Plain-English definitions of the custody terms parents actually encounter. Legal vs physical custody, parenting time, right of first refusal, guardian ad litem, ex parte, and more. Sharing any of it in Canada takes a few more steps.

Keep a review pack short: the current order or plan, a factual timeline and the source files that matter. Say plainly where something is missing.

Ask a family lawyer in your province or territory before you file or share records. Privacy, court, and evidence rules can differ across Canada. One PDF does not make those rules the same.

Name the province or territory. Note whether federal divorce law or another family law applies. Keep the terms used in the order itself.