Parenting plan Ontario: Creating Child-Focused Arrangements

Educational notice: This article explains general Ontario family-law terminology and procedure. It does not create a parenting plan, recommend a schedule or replace advice from a qualified family lawyer.

A parenting plan Ontario families use is a written document describing how parents will care for their children and make important decisions after separation or divorce. A plan may address parenting time, decision-making responsibility, communication and practical arrangements. It should be based on each child’s best interests, not on a formula or an assumption that one schedule suits every family.

What this issue means

Current federal and Ontario family legislation uses the terms “parenting time” and “decision-making responsibility” rather than “access” and “custody.” Parenting time is the time a child is in a parent’s care, whether or not the child is physically with that parent throughout that time. Decision-making responsibility concerns significant decisions about the child’s well-being, such as health, education, culture, language, religion and spirituality, and significant extracurricular activities.

A parenting plan can be part of a separation agreement, submitted jointly for inclusion in a court order, or prepared by one parent as a proposal. These are not legally equivalent. A proposal made by one parent does not bind the other parent. An agreed plan is not automatically a court order. Anyone who wants a plan to be legally binding and enforceable should obtain legal advice about the appropriate agreement and court process.

Under section 16.6 of the federal Divorce Act, a court must include an agreed parenting plan submitted by the parties in a parenting or contact order unless the court considers that doing so would not be in the child’s best interests. The court may modify the plan. Section 28(7) of Ontario’s Children’s Law Reform Act similarly directs the court to include a written parenting plan submitted by the parties, subject to changes the court considers to be in the child’s best interests.

Developing a parenting plan Ontario families can understand

There is no mandatory universal template. A useful plan is clear enough to reduce uncertainty but realistic enough to work in daily life. Depending on the family, topics may include:

regular parenting-time schedules and transitions;

holidays, school breaks, birthdays and special occasions;

decision-making responsibility and consultation;

school, medical and emergency information;

transportation, pickup locations and responsibility for delays;

telephone, video or other contact with the child;

communication between parents and information sharing;

extracurricular activities, childcare and children’s belongings;

travel documents, notice of travel and emergency contacts;

cultural, linguistic, religious or spiritual practices;

accessibility, medical, developmental or learning needs;

a safe and suitable method for addressing future disagreements; and

when and how the plan will be reviewed.

Not every topic belongs in every plan. Different children in the same family may need different schedules or provisions because of age, development, health, school or other circumstances. A plan should not place adult conflict-management duties on a child or make the child responsible for carrying messages.

The Department of Justice Canada provides a Parenting Plan Checklist and an interactive Parenting Plan Tool. These are public educational resources, not legal advice or mandatory forms. The federal tool does not cover child support, and its sample clauses must be assessed against Ontario law and the family’s circumstances.

What may happen next

Parents may discuss a plan directly, through lawyers, or with an appropriate family dispute resolution professional. Mediation, collaborative law and other consensual processes may help some families. They may be inappropriate or require safeguards where there is family violence, a serious power imbalance, coercive control, safety concerns or an urgent issue.

If agreement is reached, each parent can obtain independent legal advice before signing or asking a court to include the plan in an order. The court remains responsible for the child’s best interests and may decline or change agreed terms that do not meet that standard.

If there is no agreement, each person may present proposed arrangements in the family-court process. In an Ontario application involving decision-making responsibility, parenting time or contact, Form 35.1 is currently the prescribed affidavit. A proposed plan is evidence of what a party seeks; it is not proof that the proposal is best for the child and does not bind the other party or the court.

Once terms are incorporated into a court order, they must be followed until changed, stayed or no longer in effect. Varying a parenting order generally requires the legal test applicable under the governing statute, including a material change affecting or likely to affect the child’s best interests. Legal advice is important before relying on an informal change.

Important educational considerations

The child’s best interests control

Under both the Divorce Act and the Children’s Law Reform Act, the child’s physical, emotional and psychological safety, security and well-being are the primary consideration. Courts consider the child’s needs, relationships, views and preferences where appropriate, history of care, plans for care, family violence and other relevant circumstances.

No schedule is presumed to be best

Neither equal time nor any other percentage automatically determines the child’s best interests. The law directs that a child have as much time with each parent as is consistent with the child’s best interests. The result depends on the evidence and the individual child.

Parenting time and decision-making are different

The amount of parenting time does not by itself decide who makes significant decisions. Unless a court orders otherwise, a parent generally has authority to make day-to-day decisions during that parent’s parenting time. Significant decision-making responsibility can be allocated separately.

Children should not be asked to decide

A child’s views and preferences may be relevant, depending on age, maturity and circumstances, but the child should not be pressured to select a parent, negotiate terms or report on the other home. Adults remain responsible for the plan and any court proceeding.

Family violence requires careful screening

Family violence includes more than physical conduct and can include threatening behaviour, coercive and controlling patterns, and a child’s direct or indirect exposure. A cooperative process or frequent direct communication may not be safe or appropriate in every case. Safety planning and qualified professional advice may be needed.

Parenting plans do not replace other orders

A parenting plan cannot authorize conduct prohibited by a bail condition, probation term, restraining order or child-protection order. Family, criminal and child-protection proceedings may operate under different legislation. Potentially inconsistent terms require prompt legal review.

Parenting and financial issues are distinct

A parenting plan may describe practical costs, but child support is governed separately. Parenting-time arrangements can affect support calculations in some circumstances, yet neither issue should be used to bargain away a child’s legal rights.

Relocation rules still apply

Federal and Ontario legislation contain notice and court procedures for changes of residence and relocations. A clause about future moves should not be assumed to replace statutory requirements or determine a later relocation dispute.

Practical steps that are general and non-legal

List each child’s current school, health, activity and care routines.

Use a calendar to test a proposed regular schedule and holiday rotation.

Write pickup times, locations and transportation responsibilities clearly.

Identify how urgent and non-urgent child-related information will be shared.

Consider accessibility, medication, dietary, cultural and language needs.

Keep adult financial or relationship disputes out of messages to the child.

Use neutral terms and avoid clauses that assign blame or make factual findings.

Note which topics have been agreed upon and which remain unresolved.

Review the draft for contradictions, missing dates and unrealistic deadlines.

Keep private copies of drafts and the final signed or court-filed version.

These are general organizational steps. They are not model clauses, individualized legal advice or directions about what position a parent should take.

Emotional and family impact

Creating a plan can bring uncertainty, grief and fear about time with a child. Children may notice tension even when adults do not discuss the case directly. Predictable routines, age-appropriate explanations and reassurance that the separation is not the child’s fault may reduce pressure.

A counsellor, physician, Elder, Indigenous family court worker or culturally appropriate service may support family well-being. Therapeutic support should not be used to coach a child or gather litigation evidence. Ask about confidentiality and its limits.

When professional assistance may be appropriate

A family lawyer can explain whether the Divorce Act or Ontario legislation applies, review proposed terms, discuss enforceability and identify interactions with support, relocation, family violence or other orders. Independent legal advice is especially important before signing a plan or consenting to its inclusion in a court order.

A trained mediator or collaborative professional may assist where the process is safe and suitable. Parenting coordinators, assessors and therapists have different roles and authority; none should be assumed to provide legal advice. Legal Aid Ontario, duty counsel and the Law Society Referral Service may be available subject to current criteria.

How Presumption of Innocence Canada may help

Presumption of Innocence Canada provides public legal education and moderated discussion groups for Canadian adults. Its materials explain terminology and general Canadian legal processes using publicly available legislation, court information, government publications and research. Moderated groups provide peer conversation subject to group rules and privacy limitations.

PIC does not provide legal advice, legal representation, individualized case assessment, evidence review, parenting-plan drafting, witness preparation, legal strategy, contact with justice officials, advocacy in individual cases, determinations of guilt or innocence, findings about family violence, or predictions about outcomes. Its materials and discussion groups do not replace advice from a qualified lawyer or information from an official court source.

Frequently Asked Questions

1. What is a parenting plan Ontario families may use?

It is a written description of agreed or proposed arrangements for parenting time, decision-making responsibility, communication and related care of children after separation or divorce.

2. Is a parenting plan automatically enforceable?

No. A one-parent proposal, an informal agreement, a signed domestic contract and a court order have different legal effects. Obtain legal advice about making terms binding and enforceable.

3. Must parents use the federal Parenting Plan Tool?

No. It is an optional educational resource with sample clauses. There is no single mandatory parenting-plan template for every Ontario family.

4. Does a parenting plan have to provide equal time?

No. The plan must serve the child’s best interests. No particular percentage or schedule is automatically required or presumed best.

5. Can children decide the schedule?

No. Their views may be considered according to age, maturity and circumstances, but adults and, where necessary, the court remain responsible for decisions.

6. Can a court change an agreed parenting plan?

Yes. A court may decline or modify terms when necessary to protect the child’s best interests. Court approval is not a formality.

7. Should child support be included in the parenting plan?

The federal tool does not address child support. Support is a separate legal issue, although parenting arrangements may be relevant to its calculation. Obtain legal advice.

8. Can parents change a plan later?

They may agree to revisions, but changing an existing court order can require a formal process and the applicable variation test. Do not assume an informal change overrides an order.

Related educational resources

PIC article on the Ontario family court process

PIC articles on parenting time, decision-making responsibility and supervised parenting time

PIC articles on parenting assessments and the Office of the Children’s Lawyer

Department of Justice Canada Parenting Plan Checklist and Parenting Plan Tool

Ontario Court Services family-law forms

Suggested authoritative Canadian sources

Justice Laws Website: Divorce Act, sections 16, 16.1, 16.6 and 17

Ontario e-Laws: Children’s Law Reform Act, sections 21, 24, 28, 29 and 33.1

Department of Justice Canada: Parenting Plan Checklist

Department of Justice Canada: Parenting Plan Tool

Department of Justice Canada: Making Plans guide

Ontario Court Services: Form 35.1

Short sources list

Divorce Act, RSC 1985, c 3 (2nd Supp), ss 16, 16.1, 16.6 and 17, Justice Laws Website.

Children’s Law Reform Act, RSO 1990, c C.12, ss 21, 24, 28, 29 and 33.1, Ontario e-Laws.

Department of Justice Canada, “Parenting Plan Checklist: Information to help you get started.”

Department of Justice Canada, “Parenting Plan Tool.”

Department of Justice Canada, “Making plans: A guide to parenting arrangements after separation or divorce.”

Ontario Court Services, Form 35.1, “Affidavit (decision-making responsibility, parenting time, contact).”

Conclusion

A parenting plan Ontario families develop can create clearer expectations about a child’s care, schedule, significant decisions and communication after separation. It should reflect the child’s individual needs, remain consistent with safety and other legal orders, and distinguish practical agreement from legal enforceability. A qualified family lawyer can review the plan and explain how Ontario and federal law apply.

Educational disclaimer

“This article provides general educational information only. It is not legal advice and does not create a lawyer-client relationship. Legal procedures and rights may vary by jurisdiction and individual circumstances. Anyone facing a legal matter should obtain advice from a qualified lawyer.”

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