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Creating a Parenting Plan in Ontario: A Guide to Decision-Making Responsibility, Parenting Time, and Contact

Published: May 30, 2023

Last Updated: June 3, 2026

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Creating a Parenting Plan in Ontario: A Guide to Decision-Making Responsibility, Parenting Time, and Contact

When going through a separation or divorce in Ontario, it’s crucial to prioritize the well-being of your children and establish a parenting plan that promotes their best interests. The Ontario legal system has recognized the importance of using updated terminology, shifting from “child custody” to “decision-making responsibility and parenting plan” to reflect a more child-centred approach. In this blog, we will guide you through the process of creating a comprehensive parenting plan that aligns with the updated terminology and helps foster a positive co-parenting relationship.

Understand the Updated Terminology

To ensure clarity and promote a child-focused approach, familiarize yourself with the updated terminology used in Ontario (https://www.ontario.ca/page/parenting-time-decision-making-responsibility-and-contact). Decision-making responsibility refers to the responsibility of making significant decisions about the child’s upbringing, such as education, healthcare, and religion. Parenting time refers to the schedule and arrangements for the child to spend time with each parent. Contact refers to the communication and interaction between the child and each parent.

Focus on the Best Interests of the Child

When creating a parenting plan, the best interests of the child should be the guiding principle. Consider factors such as the child’s age, developmental needs, and established routines. Strive to provide stability, consistency, and a nurturing environment that supports the child’s physical, emotional, and psychological well-being.

Communication and Cooperation

Effective parenting time arrangements require open and respectful communication between parents. Establish a method of communication that works for both parties, whether it’s in-person meetings, phone calls, emails, or text messages. Maintain a cooperative attitude, and prioritize the child’s needs over personal differences to foster a healthy shared parenting relationship.

Parenting Time and Decision-Making Responsibility

Develop a parenting schedule that outlines when the child will be with each parent. Consider the child’s school schedule, extracurricular activities, holidays, and special occasions. For example, outlining how travel arrangements will proceed can be important, as child passport applications work differently post-divorce. Strive for a balanced and equitable distribution of parenting time that allows the child to maintain a strong bond with both parents.

When it comes to decision-making responsibility, determine how major decisions will be made and who will have the authority to make them. Consider each parent’s strengths, expertise, and involvement in the child’s life to determine the allocation of decision-making responsibility.

Addressing Conflict and Dispute Resolution

No co-parenting journey is entirely free from conflicts. Therefore, you must include provisions in the parenting plan that outline the process for resolving disputes. Alternative dispute resolution methods, such as mediation or negotiation, can help parents reach agreements outside of court. If necessary, seek professional assistance from family lawyers or mediators who specialize in family law matters.

Creating a parenting plan in Ontario that reflects good decision-making responsibility and parenting time is crucial for promoting the best interests of your child. By prioritizing effective communication, cooperation, and the child’s well-being, you can establish a comprehensive parenting plan that lays the foundation for a positive co-parenting relationship. Remember, seeking guidance from experienced family law professionals can provide valuable support throughout the process, ensuring a smoother transition for everyone involved.

If you have any other questions concerning Decision-Making Responsibility, Parenting Time, and Contact in Ontario, or would like to discuss the particulars of your specific case, contact us to schedule a consultation with Gelman & Associates today.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - child custody & access

Ontario law does not specify the age at which a child can decide which parent to live with. At most, the Court may consider the preference of the child but that does not necessarily mean that the Court will act favorably on it. The court will consider the child’s maturity, ability to articulate their desires, and the reasoning behind their views when seeking their opinion.

If a parenting plan is included in your court order under the Divorce Act, the document will be legally binding.

In order to change your child’s last name, you will have to be the child’s parent with legal custody or be the legal guardian of the child. In order to change the child’s last name, you will have to provide notice to anyone who has legal access to the child, and that may include your ex-spouse.

In most cases, the answer is no. However, there can be some exceptions that the mother can build a case upon. These include the father putting the child at risk, non-compliance with the court order, or a history of violence by the father.

Creating a custody plan with a narcissistic ex-partner is a task best left to legal professionals. While there might not be one way to deal with a narcissistic ex, there are things that you can do to turn the tables on a narcissistic co-parent. The best way to prevent problems is to go with no contact or limited contact with your ex-partner and put everything in writing if you must only communicate via email or text message to record statements and harassment.

Let us consider that the “moving away” is relocation and not just a change in residency.

Then, let us qualify that the mother will take your child with her.

If the mother is the primary caregiver of the child, you may oppose the relocation by applying the principles laid down under the Gordon vs. Goertz case. You must present your case strongly as to why potentially cutting your child’s relationship as the primary caregiver is to your child’s best interest. This situation falls under the purview of Section 16.93(2) of the Divorce Act.

If both you and the mother have equal parenting time over your child, the mother of the child has the burden of proof as to why the relocation is for the best interest of your child. This situation falls under the purview of Section 16.93(1) of the Divorce Act.

If there is no Court ordered, approved, or awarded parenting time or separation agreement, as contemplated under Section 16.93(3) of the Divorce Act, the mother has the burden of proof to show that relocation is in the best interest of your child.

Note that even if the burden of proof is not laid upon you, it still recommended that you present a strong opposition to the relocation.

Yes, it is possible for your ex to prevent you from relocating with a child you share, although this will likely plan on your parenting arrangements and decision-making responsibility. If you cannot agree about a relocation, a court will decide based on the child’s best interests.

Generally, you need to provide your ex with 60 days’ written notice of your relocation plan, and you must obtain consent or a court order to move the child. A lawyer can help you navigate this process. Our divorce lawyers will guide you through the application and court order process.

Yes, but they will need to establish paternity, especially if the father and the mother separate. Here are the ways to establish paternity as recognized by the court:

  • Act of birth
  • Presumption of paternity
  • Uninterrupted possession of status
  • Voluntary declaration

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