Establishing a parenting plan in Ontario can help you avoid conflict and go the extra mile for your child after a separation or divorce. You and your former partner may use a parenting plan to determine more exact details regarding timing, location, and contact than a typical decision-making responsibility or parenting time agreement may provide.
A well-developed parenting plan can help parents establish clear expectations about their child’s care while providing stability during a period of significant family change. However, knowing what to include in a parenting plan is not always straightforward.
Our family law lawyers at Gelman & Associates have weighed in below about establishing a parenting plan following a separation or divorce in Ontario. Whether you are actively in the process of separating or wish to renegotiate an existing arrangement, these 10 important considerations may be helpful.
Our Toronto child custody and access lawyers can also help you understand how parenting plans work under Ontario family law.
Key Takeaways: Creating a Parenting Plan in Ontario
- A parenting plan outlines how parents will care for their children following separation or divorce, including parenting time, decision-making responsibility, communication, and daily arrangements.
- The child’s best interests should guide every provision. Parenting plans should reflect the child’s age, developmental needs, safety, and established routines.
- Common provisions in parenting plans include living arrangements, holidays, transportation, travel, major decisions, and dispute resolution.
- Clear language can reduce conflict. Specific parenting schedules and responsibilities help prevent misunderstandings between parents.
- Parenting plans should allow for future changes. Children’s needs and family circumstances may evolve, making review and modification provisions important.
- Legal guidance can be valuable. A parenting plan lawyer can help parents understand the legal implications of their proposed arrangements.
What Is a Parenting Plan in Ontario?
A parenting plan is a written document outlining how parents intend to raise and care for their children following separation or divorce.
It may address where a child will live, when they will spend time with each parent, who will make important decisions, and how the parents will communicate about their child’s needs.
Parenting plans can be developed through negotiation, family mediation, or other appropriate dispute resolution processes.
Under Canada’s Divorce Act, parenting plans may form part of a court order where the court determines that the proposed arrangements are consistent with the child’s best interests.
Ontario’s Children’s Law Reform Act also governs parenting arrangements, including those involving parents who are not divorcing.
What Is the Purpose of a Parenting Plan?
The primary purpose of a parenting plan is to establish clear expectations and support the child’s well-being.
A detailed plan may help reduce future disagreements by outlining how important parenting decisions will be handled before problems arise.
A detailed parenting plan may be especially valuable when communication between parents is difficult. Our guide to high-conflict child custody cases in Ontario explores additional considerations for managing disputes and protecting children’s well-being.
According to the Department of Justice Canada’s parenting plan resources, parents should consider their children’s individual needs and establish practical arrangements that can evolve as circumstances change.
Importantly, Ontario family law does not automatically presume that equal parenting time or shared decision-making responsibility is appropriate in every case.
What to Include in a Parenting Plan: 10 Important Considerations
Although every family’s circumstances are unique, certain provisions can help create a comprehensive parenting plan.
The following 10 considerations address many of the practical and legal questions parents encounter when developing parenting arrangements.
1. Decision-Making Responsibility (Formerly Custody)
Decision-making responsibility, formerly known as custody, determines which parent has the authority to make significant decisions for a child and what decisions they can make.
Canadian legislation provides that decision-making responsibility can extend to matters such as education, medical care, religious upbringing, and significant extracurricular activities.
In cases where one parent obtains sole decision-making responsibility, they generally have exclusive authority over the major decisions assigned to them.
Where parents share decision-making responsibility, they may make decisions together or divide specific responsibilities between themselves. In some arrangements, one parent may have final decision-making authority over certain issues if disagreements arise.
Whatever you decide, your parenting plan should include a thorough description of who holds decision-making responsibility and how it has been divided.
It is also helpful to explain how parents will exchange information, consult one another, and address situations where they cannot reach an agreement.
2. Where Will the Child Live Primarily?
Your parenting plan should include a detailed overview of what your child’s living situation will look like.
In some cases, a child will reside primarily with one parent. If so, it may be helpful to clearly articulate when the other parent will have opportunities to spend time with the child.
If your child will divide their time between multiple households, your parenting plan should include a clear schedule outlining where the child will live throughout the week or month.
Consider the child’s school location, existing routines, developmental needs, and the distance between households.
A child’s living arrangements should be determined according to their best interests rather than automatically favouring a particular parent or requiring a 50/50 schedule.
For parents exploring shared arrangements, understanding Ontario’s 40% parenting time rule may also be helpful when considering how parenting schedules can affect child support.
3. Putting a Parenting Time Schedule in Place
Not only should a parenting plan outline your child’s primary living arrangements, but it should also detail how your child will divide their time during holidays and significant occasions.
If you celebrate Christmas, will the child split the day between both parents? Or will one parent have parenting time on December 24 while the other has parenting time on December 25?
Who will spend time with the child on their birthday, and for how long?
Parents may also wish to address:
- Regular weekday and weekend schedules.
- March Break, summer vacations, and school holidays.
- Birthdays, religious celebrations, and other important occasions.
- Professional development days and unexpected school closures.
- Missed parenting time and arrangements for rescheduling.
The more detail you can include about your child’s schedule, the more straightforward co-parenting may become.
Regardless of the arrangement you and your former partner agree to, it is important to detail your decisions in writing and avoid unnecessary ambiguity.
4. Transportation To and From Parenting Time
Once a parenting schedule is established, it is important to decide on corresponding transportation arrangements.
Your parenting plan should include particulars about who is responsible for dropping off and picking up the child for scheduled parenting time and when they are expected to do so.
Parents may also want to establish an exchange location and procedures for unexpected delays, illness, or schedule changes. For example, a plan might identify whether exchanges occur at school, one parent’s home, or another agreed-upon location.
Where there are concerns about family violence or significant conflict, neutral exchange locations or supervised arrangements may be appropriate.
Transportation can be arranged in different ways depending on the family’s circumstances, but responsibilities should be clearly established in writing.
5. Communication With the Other Parent and Your Child
Communicating with your child’s other parent is often important for their safety and well-being. However, your communication with a co-parent may differ depending on your relationship.
If you are amicable, regular phone calls, texts, or emails may be sufficient.
In situations involving significant conflict or domestic violence, it may be appropriate to limit direct communication or establish safeguards. Some parents use co-parenting applications that organize written communications, schedules, and shared information.
Your parenting plan may also address how your child communicates with the other parent during parenting time, including telephone calls or video chats.
It is important to distinguish parenting time from contact. Under the Divorce Act, contact orders generally concern people other than spouses who wish to maintain contact with a child, such as grandparents or other significant individuals.
Whatever communication arrangements you choose, clearly outlining expectations can help reduce conflict and provide consistency for your child.
6. Travel Arrangements and Vacations
A parenting plan might detail what kinds of travel outside a child’s city, province, or country of residence are appropriate.
These conditions might include:
- How far a child may travel
- How long trips may last
- Whether advance notice or written consent is required.
Parents may also want to specify what information must be provided before travel, such as itineraries, flight details, accommodation information, and emergency contact numbers.
For international travel, it is important to consider passport requirements and whether a travel consent letter may be necessary or recommended.
The Government of Canada’s travel guidance for children provides information about consent letters when minors travel abroad.
Clear travel provisions can reduce disagreements and help both parents remain informed about their child’s whereabouts and safety.
7. Government-Issued Documentation
Deciding who has authority to apply for, sign for, and manage a child’s government-issued documentation can also be outlined in your parenting plan.
Important documents may include passports, birth certificates, health cards, and other identification.
In some cases, parents will have joint authority over documentation. In others, one parent may be responsible for maintaining documents and making them available when necessary.
Your parenting plan may address where documents will be stored, how access will be arranged, and who will complete applications or renewals. When developing these provisions, parents should consider any applicable legal requirements and existing court orders.
8. Relocations and Changes in Residence
Relocating when you share parenting responsibilities with someone you have separated from is regulated carefully in Ontario. Both the federal Divorce Act and Ontario’s Children’s Law Reform Act establish rules for changes of residence and relocations.
A relocation generally involves a move that is likely to have a significant impact on the child’s relationship with a person who has parenting time, decision-making responsibility, or contact.
Under the applicable relocation provisions, a person proposing a relocation may generally be required to provide at least 60 days’ notice in the prescribed form. Certain people entitled to receive notice may have 30 days to object.
However, the precise requirements depend on the circumstances. Exceptions and court-ordered changes to notice requirements may apply, including where family violence is a concern.
The Divorce Act’s relocation provisions and Ontario’s corresponding framework should be considered before making relocation decisions.
Your parenting plan may establish additional expectations for discussing proposed moves, updating addresses, and adjusting transportation or parenting schedules.
For more information, see our guide to child relocation for separated couples in Ontario.
9. How to Resolve Conflict in the Event of a Dispute
Your parenting plan should include a mechanism for conflict resolution in the event that you and your co-parent disagree about something concerning your child.
For example, you might establish how concerns should be raised, how long parents should attempt to resolve a disagreement directly, and what should happen if no resolution is reached.
Depending on the circumstances, dispute resolution options may include negotiation, mediation, parenting coordination, or family arbitration. Some parents may also benefit from a neutral third party who assists them in resolving disputes without immediately returning to court.
However, mediation and other cooperative processes may not be appropriate in every situation, particularly where family violence, coercive control, or serious safety concerns exist.
Your plan should also consider what happens when an urgent decision is required and there is insufficient time to complete the usual dispute resolution process.
10. How to Make Changes to Your Parenting Plan
A parenting plan should include a procedure explaining how and when modifications may be made.
Children’s needs change as they grow older. School schedules, extracurricular activities, employment arrangements, and family circumstances can also evolve.
Some parents choose to review their parenting plan annually to determine whether the existing arrangements remain appropriate.
Where changes are agreed upon, they should be documented in writing.
If a parenting arrangement is incorporated into a court order, additional legal steps may be necessary to formally change the order.
Where parents cannot agree, a court application may be required, and the applicable legal requirements must be satisfied.
For more information about changing existing arrangements, read our article on modifying decision-making responsibility and support orders in Ontario.
How to Write a Parenting Plan in Ontario
Knowing what to include in a parenting plan is the first step. The next is organizing those provisions into a written agreement that is clear, practical, and appropriate for your family.
Start With Your Child’s Best Interests
Before negotiating specific arrangements, consider your child’s individual circumstances.
Under Section 16 of the Divorce Act, the child’s best interests are the primary consideration in parenting decisions, with particular emphasis on physical, emotional, and psychological safety, security, and well-being.
Relevant factors may include the child’s age, developmental needs, relationship with each parent, views and preferences where appropriate, and history of care.
Parents should also consider any history of family violence and whether the proposed arrangements can be carried out safely.
Write Clear and Practical Provisions
Avoid vague statements that could lead to disagreements.
For example, stating that parents will share holidays fairly may leave important questions unanswered. A more detailed provision might explain how particular holidays alternate each year and what time exchanges occur.
The Department of Justice Canada’s Parenting Plan Checklist can help parents identify issues to discuss when preparing arrangements.
Review Your Parenting Plan With a Family Lawyer
A parenting plan lawyer can help identify potential gaps, explain legal obligations, and assess whether proposed provisions are consistent with applicable Ontario family law.
A lawyer may also assist with incorporating agreed-upon parenting arrangements into a separation agreement or court order where appropriate.
Frequently Asked Questions About Parenting Plans in Ontario
What Are Common Provisions in Parenting Plans?
Common provisions in parenting plans include decision-making responsibility, parenting schedules, holidays, transportation, communication, travel, important documents, relocation, dispute resolution, and modifications.
Additional provisions may be helpful depending on the child’s needs and family circumstances.
Is a Parenting Plan Legally Binding in Ontario?
A parenting plan may have legal effect depending on how it is created and incorporated into a separation agreement or court order.
Under the Divorce Act, a court may incorporate a parenting plan into a parenting or contact order when the arrangements are consistent with the child’s best interests. Parents should obtain legal advice about enforceability.
Do You Need a Lawyer to Create a Parenting Plan?
Parents are not necessarily required to retain a lawyer to develop a parenting plan. However, legal advice may help clarify parental rights, responsibilities, and the consequences of different arrangements.
Does a Parenting Plan Have to Include Equal Parenting Time?
No. Ontario law does not automatically require equal parenting time. Arrangements should reflect the child’s best interests and the family’s circumstances.
Can You Change a Parenting Plan After Separation?
Yes. Parenting plans may be reviewed and changed when circumstances evolve. However, the proper process depends on whether the arrangements are informal, contained in an agreement, or incorporated into a court order.
What Happens if Parents Cannot Agree on a Parenting Plan?
Where appropriate, parents may explore mediation, negotiation, or other dispute resolution methods. If an agreement cannot be reached, the court may need to determine the appropriate parenting arrangements based on the child’s best interests.
Speak With Our Toronto Parenting Plan Lawyers Today
Creating a parenting plan involves more than determining where your child will live. A comprehensive plan should address important decisions, everyday responsibilities, communication, and how future disagreements will be handled.
The number of details to consider can be daunting. Making sure you and your co-parent agree on them can be even more complex.
At Gelman & Associates, our Toronto family lawyers assist parents with parenting plans, decision-making responsibility, parenting time, and other matters arising from separation or divorce.
Whether you are developing a parenting plan for the first time or reviewing an existing arrangement, our team can help you understand your options.
Contact Gelman & Associates or call 1-844-736-0200 to schedule a consultation with our family lawyers.
This article provides general legal information and does not constitute legal advice. For advice regarding your circumstances, consult a qualified Ontario family lawyer.
