How to Create Effective Parenting Plans in Ontario

During separation and divorce in Ontario, parents must make many decisions for the benefit of their children.

With the emotional turmoil and stress of a relationship breakup, it can be challenging for parents to set aside their differences and work together to create an effective co-parenting plan that provides the future direction for raising the child.

Understanding some of the basic legal requirements and inclusions of a co-parenting agreement in Ontario can help you create a plan that works for both parents. You should also learn what to do if you cannot agree on a plan and how to modify the agreement if the need arises.

This article addresses all these issues and more.

A parenting plan is a written agreement between a mother and father outlining how they will share responsibilities, make decisions, and provide a stable and supportive environment in which to raise their child(ren).

The main purpose of a cohesive parenting plan is to provide clarity over decision-making responsibilities and parenting, reduce conflict, and help both parents focus on the child’s best interests, which is a legal requirement in Ontario.

Mutually agreed parenting plans approved by the Ontario courts are legally enforceable. More often than not, parents agree on the best way forward through discussion or negotiation rather than having a judge decide during a child custody/parenting case.

Indeed, parenting plans are encouraged by the courts and are the preferred outcome. The Ontario family law system considers a child’s parents the best judges of what is best and promotes the active involvement of both parents in their child’s life unless it would be contrary to the child’s best interests.

Parenting plans can still be challenging, though, and may require legal guidance and/or the help of a mediator to settle matters satisfactorily for all parties (more about this below).

Ontario’s Children’s Law Reform Act and Divorce Act both prioritize the child’s best interests in child custody and parenting decisions.

So, before working on a parenting plan, both parents should consider the following:

• The child’s physical, emotional, and psychological well-being.
• The child’s relationship with each parent.
• Each parent’s ability to provide care.
• The child’s routine and stability.
• The child’s own preferences (depending on age and maturity).

These are the types of factors that a judge will consider if required to rule on a custody and parenting matter, so it is a good place for parents to start when designing a parenting plan.

A comprehensive parenting plan usually covers five main areas:

1. Custody and decision-making responsibilities.
2. Visitation schedules and parenting time.
3. Financial support for the child.
4. Communication guidelines between parents.
5. What to do in the event of relocation by a parent, a material change of circumstances, or disputes.

Let’s take a closer look at each element.

Ontario family law now refers to “legal custody” of a child as “decision-making responsibility”.

The default preference is for joint decision-making responsibility, with both parents playing an active role in raising their child even after separation.

However, sole decision-making authority may be agreed upon (rarely) or awarded by a judge, based on circumstances (if it is considered in the child’s best interests).

Occasionally, even, parents decide to split decision-making, with each parent making different decisions in the child’s life.

Regardless of the arrangement, a parenting plan should address who will make decisions about the child’s education, health, and religion, and how these decisions will be communicated and agreed upon.

A child will usually live with, and naturally spend more time with, one parent (the primary custodial parent).

In a co-parenting arrangement, an agreed parenting schedule ensures that the “other” parent can spend enough time with the child for a meaningful ongoing relationship.

The parenting schedule should include detailed information about what happens:

• During regular parenting time: weekdays and weekends.
• On summer vacations and other holidays: Christmas, long weekends, school holidays, etc.
• In special circumstances, like when travelling or attending family events, such as birthdays, or in emergencies.

The parenting agreement should cover more than dates and basic responsibilities. Specific details should be provided about drop-offs, pick-ups, and how parents will manage transitions between households to minimize disruption for the child.

Parenting plans should also cover how parents will meet the child’s financial needs.

According to the Federal Child Support Guidelines, both parents must contribute financially to raising the child. So, the plan should include:

• Which parent pays child support?
• How payments are structured and for how long.
• How additional expenses are split, such as medical costs, school fees, etc.
• How financial contributions can be modified if circumstances change.

An effective co-parenting agreement requires consistent communication between parents and with the child(ren). So, a comprehensive parenting plan should outline:

• How parents will share information about the child.
• Preferred communication channels, e.g., text, email, co-parenting apps, etc.
• Rules about the child’s communication with the non-custodial parent.

Parents may need to communicate about important matters that were not addressed in the original parenting plan, like rules for the distribution of the child’s possessions between homes and allowable screen time.

Life goes on after parents separate. Changes in circumstances, parental relocation, and disputes over how to raise the child(ren) may arise. These should be addressed in a parenting plan, with the following topics addressed:

• How to resolve disputes.
• Required notice periods and procedures if one parent decides to relocate.
• How parents should communicate if other circumstances change, such as a change of job or remarriage.

Although parenting plans must be in the child’s best interests and focus on providing a loving and supportive environment, they are most effective if both parents agree with the contents.

The parents are more likely to commit to the plan if all differences have been resolved when the final parenting plan is signed by both parties. This may involve mediation sessions.

The final plan should be detailed but flexible enough to be modified to reflect changing circumstances. It should be reviewed regularly and amended if needed to reflect the child’s evolving needs and maintain the “buy-in” of both parents.

Several options are available if parents cannot agree on a parenting plan:

• Mediation: A neutral third-party mediator helps parents negotiate terms.
• Arbitration: A private family law decision-maker decides the outcome of disputes.
• Court hearings: A judge determines parenting arrangements based on the child’s best interests.

Court hearings are only required in a minority of parenting plan cases and should be seen as a last resort if conflict levels are high and alternative dispute resolution methods are ineffective.

Parenting plans are legally binding once approved by a court but can be modified if necessary for the child’s well-being and development.

Parents should comply with the original agreement until they mutually agree on a change, or they apply to the court for a new order to be issued based on a material change in circumstances.

For assistance with creating an effective co-parenting plan in Mississauga, consult with an experienced family lawyer at Amiri Family Law. Book a consultation for advice on your legal options.