Can Separated Parents Make Their Own Parenting Plan in Ontario?
Yes. Separated parents can generally work together to create their own parenting arrangements. A parenting plan can set out where children will spend their time, how important decisions will be made, holiday schedules, communication arrangements, and other practical matters.
The Department of Justice Canada explains that parents can develop a parenting plan together and recommends putting the arrangement in writing. The plan should focus on the best interests of the child, rather than simply what either parent wants.justice.
Parents may create an arrangement themselves or receive assistance from a lawyer, mediator, counsellor, or another qualified professional.
However, parents should understand the legal effect of the document before signing it. Depending on the circumstances and applicable legislation, additional steps may be required to make an agreement legally binding or enforceable.
What Should a Parenting Plan Include?
A useful parenting plan should address the practical issues that parents are likely to encounter in everyday life.
Depending on the family’s circumstances, it may cover:
Regular parenting schedules
Weekday and weekend arrangements
School holidays
Summer vacations
Christmas and other holidays
Birthdays and special occasions
Transportation and exchanges
Communication between parents
Communication between a parent and child
Education decisions
Medical and dental decisions
Extracurricular activities
Travel arrangements
Religious or cultural activities
How future disagreements will be handled
The Department of Justice Canada notes that parenting plans can range from relatively general arrangements to detailed plans covering schedules, decision-making, communication, travel, and other aspects of children’s care.
The key is not to create the longest possible document. Instead, the plan should be clear, practical, and suitable for the particular children involved.
How Should Parents Decide What Is Best for Their Children?
The central consideration should be the child’s best interests.
A parenting schedule that works well for one family may be unsuitable for another. Parents should consider factors such as:
The child’s age and developmental needs
School and daycare schedules
Existing routines
Medical or special needs
The child’s relationship with each parent
Distance between the parents’ homes
Extracurricular activities
Each parent’s ability to meet the child’s needs
The child’s safety and well-being
What If Parents Agree on Everything?
When parents can reach an agreement, they may be able to avoid having a judge determine every parenting issue.
For example, two parents might agree that:
The child stays with one parent during weekdays.
The child spends alternate weekends with the other parent.
Holidays are divided according to an agreed schedule.
Major educational and medical decisions are discussed jointly.
Parents communicate through email or a parenting application.
Vacation plans must be communicated within an agreed timeframe.
Putting these decisions in writing can help both parents understand their responsibilities and reduce future disagreements.
The Department of Justice Canada specifically recommends having parenting arrangements in writing because a written record can help prevent or resolve future conflicts.
What If Parents Cannot Agree?
Not every separation can be resolved through direct communication.
If discussions become difficult, parents may consider alternative dispute-resolution options such as:
Negotiation – Parents discuss the issues directly, sometimes with lawyers assisting them.
Mediation – A neutral mediator helps the parents work toward an agreement.
Collaborative processes – Parents and their professionals work together to resolve issues outside traditional litigation.
Court proceedings – If an agreement cannot be reached, a court may be asked to determine the appropriate parenting arrangements.
The Department of Justice Canada identifies negotiation, mediation, and collaborative law among the processes that may help parents resolve family disputes outside court.
Going to court may become necessary where significant disagreements remain or where safety concerns require judicial intervention.
When Should Parents Get Legal Advice?
Parents do not necessarily need a lawyer to begin discussing a parenting plan. However, legal advice can be valuable before an agreement is finalized.
A lawyer can help identify issues that parents may not have considered and explain the legal implications of proposed arrangements.
For example, parents may overlook questions involving:
Relocation
International travel
School changes
Medical decisions
Future changes in the child’s schedule
Communication restrictions
Enforcement of an agreement
Changes in circumstances
Child support implications
The Department of Justice Canada recommends consulting a family law lawyer or legal adviser before signing a parenting plan so parents understand their rights and responsibilities.
This can be particularly important when the relationship between the parents is already strained.
Can a Parenting Plan Be Changed Later?
Yes. Parenting arrangements may need to evolve as children grow and family circumstances change.
For example, a schedule suitable for a preschool-aged child may not work once the child begins school or becomes involved in multiple activities.
Parents may therefore need to reconsider arrangements following events such as:
A change in school
A parent’s relocation
A significant change in work schedule
New medical needs
Changes in the child’s activities
Changes in the child’s needs or preferences
A significant change in family circumstances
The Department of Justice Canada notes that parenting plans should account for children’s changing needs and circumstances.
If parents cannot agree on proposed changes, legal advice may help them determine whether negotiation, mediation, or a court application is appropriate.
What Happens If There Are Safety Concerns?
A cooperative parenting arrangement may not be appropriate in every family.
Where there are allegations or concerns involving family violence, abuse, threats, substance misuse, or other safety issues, parents should not assume that a standard co-parenting arrangement is suitable.
The Department of Justice Canada specifically cautions that some general parenting-plan resources may not be appropriate where family violence or abuse is present and recommends obtaining appropriate legal advice and protection where necessary.
In these circumstances, the child’s safety and well-being should take priority.
Frequently Asked Questions
Can parents make a parenting agreement without going to court?
Yes. Parents who can reach an agreement may create their own parenting arrangements without asking a judge to determine every issue. However, they should understand the legal effect of the agreement and consider obtaining independent legal advice.
What happens if one parent does not follow the agreement?
The appropriate response depends on whether the arrangement is informal, part of a separation agreement, or incorporated into a court order. Legal advice can help determine what enforcement or dispute-resolution options may be available.
Can children have different parenting schedules as they get older?
Yes. Parenting arrangements can be adapted as children’s needs, school schedules, activities, and other circumstances change. A plan should ideally anticipate reasonable changes rather than assuming the same schedule will work indefinitely.
Is a lawyer required to create a parenting plan?
Not necessarily. Parents can discuss and create arrangements themselves. However, obtaining independent legal advice before finalizing an agreement can help each parent understand their rights, responsibilities, and the potential consequences of the arrangement.
Disclaimer: Demo Purpose Only
This blog content is provided for demonstration purposes only and is not intended to represent final or professional advice.
