Decision-Making Responsibility & Parenting Time

Decision-Making Responsibility

Since 2021, the Divorce Act uses "decision-making responsibility" instead of "custody." It refers to the right to make significant decisions about a child's education, health care, religion, and extracurricular activities. It can be shared or held by one parent alone.

Parenting Time

Parenting time refers to the time each parent spends with the child. Courts determine parenting time based on the best interests of the child — considering the child's bonds, each parent's ability to meet the child's needs, and any history of violence or abuse.

The Best Interests Standard & Domestic Violence

Under the 2021 amendments to the Divorce Act, family violence is now an explicit factor in determining best interests. Courts must consider the nature and severity of the violence, whether it was directed at the child, and the risk of further harm. We know how to present evidence of family violence effectively in parenting proceedings.

Urgent Parenting Motions

When a child's safety is at immediate risk — due to violence, threats, or a parent taking the child without consent — we bring urgent motions to court. These motions can be brought without notice to the other party in genuine emergencies. We have experience obtaining urgent relief when it matters most.

Relocation

If you want to move with your child to a different city or province, you must either obtain the other parent's written consent or a court order. The 2021 Divorce Act requires 60 days' written notice before relocating. We handle both sides of relocation disputes.

Note on Terminology: The Ontario Court of Justice (for unmarried parents) uses the Children's Law Reform Act, which uses different terminology — but the substantive best interests analysis is the same.

Divorce Act Children's Law Reform Act Our Published Cases

1. Acceptance of These Terms

By accessing or using this website at www.persaudhussain.com (the "Website"), you agree to be bound by these Terms and Conditions of Use. If you do not agree, please do not use this Website. Persaud Hussain LLP reserves the right to update these terms at any time without notice. Continued use of the Website following any changes constitutes acceptance of the revised terms.

2. No Legal Advice — No Solicitor-Client Relationship

The content on this Website, including all text, articles, FAQs, the Family AI Assist tool, and any other information, is provided for general informational purposes only. It does not constitute legal advice, and it must not be treated or relied upon as such. Nothing on this Website creates, or is intended to create, a solicitor-client relationship between you and Persaud Hussain LLP or any of its lawyers.

A solicitor-client relationship with Persaud Hussain LLP is only established through a formal, signed retainer agreement. Until such an agreement is in place, no information you share through this Website — including through the contact form, intake tool, or AI Assist — is protected by solicitor-client privilege.

3. Family AI Assist Tool

This Website includes an AI-powered chatbot called the "Family AI Assist." This tool is designed to provide general information about family law topics in Ontario only. Its responses are not legal advice, are not tailored to your specific circumstances, and may not reflect the most current state of the law. You should independently verify any information provided by this tool and consult a qualified lawyer before taking any action.

Do not share sensitive personal information — including financial details, identification numbers, health information, or details about ongoing legal proceedings — through the Family AI Assist. Such information is not confidential and is not protected by solicitor-client privilege.

4. Contact Form and Intake Tool

The contact form and intake tool on this Website allow you to submit your name, email address, phone number, and a brief description of your legal matter. Submitting this form does not create a solicitor-client relationship. Persaud Hussain LLP will use the information you provide to contact you about your inquiry. Please do not include sensitive confidential information in any form submission until a retainer is in place.

Form submissions are processed by Formspree, a third-party service. Please review Formspree's privacy policy at formspree.io.

5. Online Booking

Consultation bookings are managed through Calendly, a third-party scheduling platform. By booking through our Website, you are also subject to Calendly's terms of service and privacy policy. Persaud Hussain LLP is not responsible for Calendly's data practices. Booking a consultation does not constitute retaining the firm.

6. Payment Information

This Website provides information about paying legal fees via Interac e-Transfer. Payment of fees does not create a solicitor-client relationship unless a retainer agreement has been signed. Persaud Hussain LLP is not responsible for any issues arising from third-party payment processing systems.

7. Scope of Practice

Persaud Hussain LLP is a law firm licensed to practise law in the Province of Ontario, Canada. Our lawyers are members of the Law Society of Ontario. Nothing on this Website should be construed as offering legal services in any other province or jurisdiction. If you are located outside Ontario, you should consult a lawyer licensed in your jurisdiction.

8. Intellectual Property

All content on this Website — including text, design, graphics, the Family AI Assist interface, and published case summaries — is the property of Persaud Hussain LLP and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, republish, or commercially exploit any content from this Website without prior written consent from Persaud Hussain LLP.

Case law referenced or linked on this Website is sourced from the Canadian Legal Information Institute (CanLII) and remains subject to CanLII's terms of use.

9. Third-Party Links

This Website contains links to third-party websites including CanLII (canlii.org), Ontario.ca, Formspree, Calendly, and Google Fonts. These links are provided for convenience only. Persaud Hussain LLP does not endorse and is not responsible for the content, accuracy, or privacy practices of any linked website. Accessing third-party sites is at your own risk.

10. Limitation of Liability

To the fullest extent permitted by law, Persaud Hussain LLP, its partners, associates, and employees expressly disclaim all liability for any loss, injury, damage, cost, or expense — whether direct, indirect, incidental, or consequential — arising from or related to your use of, or reliance on, any content or tool on this Website. This includes, without limitation, any information provided by the Family AI Assist. Use of this Website is entirely at your own risk.

11. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict of law principles. Any dispute arising from the use of this Website shall be subject to the exclusive jurisdiction of the courts of Ontario.

12. Changes to These Terms

Persaud Hussain LLP may revise these Terms and Conditions at any time by updating this page. We encourage you to review this page periodically. The date of the most recent revision is indicated at the top of this document.

13. Contact Us

If you have questions about these Terms and Conditions, please contact us at:
Persaud Hussain LLP
Unit 302 – 169 Enterprise Blvd, Markham Law Chambers, Markham, ON L6G 0E7
312 – 15 Wellesley St. W., Toronto, ON M4Y 1G7
info@persaudhussain.com · (416) 826-1155

1. Who We Are

Persaud Hussain LLP ("we," "us," or "the firm") is a law firm licensed in Ontario, Canada, with offices in Markham and Toronto. We are committed to protecting your privacy and handling your personal information responsibly and in compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Law Society of Ontario's privacy obligations for legal professionals.

Our Privacy Officer can be contacted at: info@persaudhussain.com

2. What Personal Information We Collect

We may collect the following types of personal information through this Website:

Contact form submissions: Your name, email address, phone number, and the nature of your legal matter as provided by you.
Intake tool responses: Your selections and answers in the quick intake and AI Assist tool, which may include general information about your family law situation.
Booking information: If you book a consultation through Calendly, your name, email address, and scheduling preferences are collected by Calendly on our behalf.
Communications: Any emails or calls you make to us directly.
Technical data: Basic technical information such as your IP address, browser type, and pages visited may be collected automatically through standard web server logs. We do not use third-party analytics tracking scripts on this Website.

We do not collect sensitive personal information (such as health, financial, or identification data) through this Website. Please do not submit such information through our web forms or AI tool.

3. How We Use Your Information

We use the personal information you provide for the following purposes:

To respond to your inquiry about our legal services;
To schedule and confirm consultations;
To communicate with you about a potential or existing legal matter;
To comply with our professional obligations under the Law Society of Ontario's rules of professional conduct; and
To improve the functionality and content of our Website.

We do not use your information for unsolicited marketing and we do not sell, rent, or trade your personal information to any third party.

4. Legal Basis for Collecting Your Information

Under PIPEDA, we collect personal information with your knowledge and consent. By submitting a contact form, using the intake tool, or booking a consultation, you are providing your implied consent to the collection and use of your information for the purposes described above. You may withdraw consent at any time by contacting us, subject to any legal or professional obligations that may require us to retain certain information.

5. Third-Party Service Providers

We use a small number of trusted third-party services to operate this Website. These services may process your personal information on our behalf:

Formspree (formspree.io): Processes contact form submissions and transmits them to us by email. Please review Formspree's Privacy Policy.
Calendly (calendly.com): Manages online consultation bookings. Please review Calendly's Privacy Policy.
Google Fonts / Cloudflare CDN: Used to load fonts and icons. These services may collect your IP address as part of standard content delivery. We do not share any personal information you submit with these services.

We do not share your personal information with any other third parties except where required by law or court order, or as necessary to provide legal services to you under a signed retainer.

6. Cookies and Tracking

This Website does not use advertising cookies, tracking pixels, or behavioural analytics services (such as Google Analytics). Basic session data may be stored in your browser's memory to maintain the functionality of interactive features (such as the AI Assist and intake tool) during your visit. This data is not transmitted to us and is erased when you close your browser.

7. How We Protect Your Information

We take reasonable technical and organizational steps to protect the personal information you provide from unauthorized access, use, or disclosure. Contact form submissions are transmitted via encrypted (HTTPS) connections. However, no method of transmission over the internet is entirely secure, and we cannot guarantee absolute security.

Please note that information submitted through the contact form, intake tool, or AI Assist is not protected by solicitor-client privilege unless and until a retainer agreement has been signed.

8. Retention of Information

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, or as required by professional rules and applicable law. Contact inquiries that do not proceed to a retainer are typically retained for a reasonable period for conflict-checking purposes and then securely destroyed. Information relating to active or completed client matters is retained in accordance with the Law Society of Ontario's record-keeping requirements.

9. Your Rights Under PIPEDA

Subject to limited exceptions under PIPEDA and applicable law, you have the right to:

Request access to the personal information we hold about you;
Request correction of inaccurate or incomplete information;
Withdraw consent to the collection or use of your information (subject to legal and professional obligations); and
Make a complaint to the Office of the Privacy Commissioner of Canada at www.priv.gc.ca if you believe your privacy rights have been violated.

To exercise any of these rights, please contact our Privacy Officer at info@persaudhussain.com.

10. Children's Privacy

This Website is not directed to individuals under the age of 18. We do not knowingly collect personal information from children. If you believe a minor has submitted personal information through this Website, please contact us and we will promptly delete it.

11. Links to Other Websites

This Website contains links to third-party websites including CanLII, Ontario.ca, and the websites of third-party service providers. This Privacy Policy applies only to our Website. We are not responsible for the privacy practices of any linked websites and encourage you to review their policies directly.

12. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or applicable law. The most recent version will always be available on this Website, and the date of the last update will be indicated at the top. We encourage you to review this policy periodically.

13. Contact Our Privacy Officer

For any questions, concerns, or requests relating to this Privacy Policy or to the personal information we hold, please contact:
Privacy Officer — Persaud Hussain LLP
Unit 302 – 169 Enterprise Blvd, Markham Law Chambers, Markham, ON L6G 0E7
info@persaudhussain.com · (416) 826-1155

Decision-Making & Parenting Time