What a Good Ontario Parenting Plan Actually Covers
A parenting plan should do more than say when the children are with each parent.
A useful plan explains how parenting will work after separation.
That can include the regular schedule, holidays, important decisions, communication, travel, exchanges, extracurricular activities and what happens when circumstances change.
A parenting plan is a written document setting out how separated parents will care for their children and make important decisions about them. There is no single format that works for every family. The plan should reflect the particular child's needs and best interests.
For parents in Ontario, that means the goal is not to draft the longest possible agreement.
It is to be specific about the issues that are likely to matter in your family's day-to-day life.
What Is a Parenting Plan?
A parenting plan records the arrangements parents have agreed to concerning matters such as parenting time, decision-making responsibility and contact.
Under the federal Divorce Act, if parents submit an agreed parenting plan to the court, the court must generally include it in a parenting or contact order unless doing so would not be in the child's best interests.
Ontario's Children's Law Reform Act contains a similar rule. A court can include an agreed parenting plan in its order, subject to changes the court considers necessary for the child's best interests.
That is important because parents have considerable flexibility to create arrangements that fit their family.
But the child's best interests remain the governing consideration.
Ontario law gives primary consideration to the child's physical, emotional and psychological safety, security and well-being.
What Should the Regular Parenting Schedule Cover?
The schedule is usually the most visible part of the parenting plan.
It should explain when the child is in each parent's care.
Depending on the family, that may include:
school days;
weekends;
overnight arrangements;
pick-up and drop-off times;
where exchanges occur;
who provides transportation; and
how transitions work when parenting time begins or ends at school or daycare.
Parents should also address transportation and exchange arrangements rather than leaving those details unstated.
A clause saying:
“Parent A has alternate weekends”
may still leave questions.
When does the weekend begin?
Who picks the child up?
Does it end Sunday evening or Monday morning at school?
Specificity can prevent routine logistics from becoming recurring disagreements.
Should a Parenting Plan Include Make-Up Time?
It can, but it should not automatically apply to every missed hour.
Children get sick. Work schedules change. Weather interferes with transportation. Family events arise.
Parents can decide whether certain missed parenting time should be replaced and, if so, under what circumstances.
The clause should distinguish between an occasional practical change and a significant pattern of missed parenting time.
An overly rigid system where every lost hour creates a future “credit” can sometimes create more conflict rather than less.
The better question is:
Would a make-up-time provision help this family maintain the child's relationship with each parent, or would it turn the schedule into an accounting exercise?
How Should Holidays and School Breaks Be Handled?
The regular schedule often changes during holidays.
A parenting plan may separately address:
winter or Christmas break;
March break;
summer vacation;
Thanksgiving;
Easter;
other statutory holidays;
birthdays;
Mother's Day and Father's Day;
Halloween; and
religious or cultural celebrations important to the family.
There is no rule requiring one particular approach.
What matters is making clear whether the holiday schedule overrides the regular parenting schedule and exactly when the special period begins and ends.
For example, “alternating Christmas” is much less precise than specifying whether the holiday period begins after school, on December 24, or when winter break begins.
Should Children's Birthdays and Parents' Birthdays Be Included?
They can be.
For some families, keeping birthdays on the ordinary parenting schedule works well.
Others alternate the child's birthday or provide a specific period with each parent.
Parents may also choose to address Mother's Day, Father's Day and their own birthdays.
Not every date needs its own rule.
The dates worth including are the ones that are genuinely important to the child and family.
What Should the Plan Say About Decision-Making Responsibility?
Parenting time answers when the child is in each parent's care.
Decision-making responsibility answers who makes significant decisions about the child's well-being.
Those decisions can include:
education;
healthcare;
culture and language;
religion and spirituality; and
significant extracurricular activities.
The plan should say whether those decisions are:
made jointly;
allocated entirely to one parent; or
divided by subject.
For example, parents might share decisions about education and healthcare while one parent has responsibility for a particular area.
The plan should also explain what happens when a decision requires consultation but the parents cannot agree.
What Happens If Parents Cannot Agree on an Important Decision?
This deserves its own clause.
A plan that says only:
“The parents will make all major decisions jointly”
does not explain what happens when they reach a genuine impasse.
A Parenting Plan should identify a dispute-resolution process where parents intend to make significant decisions together.
Depending on the family, that might involve:
direct discussion within a defined period;
mediation;
another appropriate family dispute-resolution process;
parenting coordination where available and appropriate;
arbitration where legally appropriate; or
allocating final authority over a defined subject to one parent after consultation.
A dispute-resolution clause should also account for family violence and significant power imbalance.
A process that requires intensive cooperation may be inappropriate where doing so would compromise safety.
Should a Teacher or Doctor Be the Tie-Breaker?
Professional input can be extremely useful.
A doctor can explain treatment options. A teacher or educational professional can provide information about a child's progress or learning needs.
But that is different from giving that professional legal authority to decide a parenting dispute.
Unless a carefully drafted arrangement provides otherwise and the professional has agreed to the role, it is generally better to treat professional recommendations as evidence or guidance for the parents or proper decision-maker, rather than casually naming a school principal, physician or therapist as the family's final arbitrator.
The parenting plan should identify an actual decision-making process, not assume a professional will accept a dispute-resolution role they were never asked to perform.
What Should the Plan Say About Communication Between Parents?
Communication provisions can be especially useful where parents have different expectations about how often they should communicate.
Consider:
what information about the child should be exchanged;
how parents will communicate;
how urgent issues will be handled; and
communication between the child and the other parent during parenting time.
A plan might specify that routine parenting communication occurs through:
email;
text;
a parenting application; or
another agreed method.
It can also address what information should be shared about school, medical appointments and activities.
The goal is not to regulate tone through vague statements such as “the parents will always communicate respectfully.”
A more useful clause often explains what information must be communicated, through what method and within what timeframe.
Should Children Be Able to Contact the Other Parent During Parenting Time?
Usually this is another issue worth thinking about rather than assuming.
Virtual communication can work differently depending on a child's age, personality and circumstances. For some children, calls with the other parent are reassuring. For others, overly frequent calls can disrupt parenting time.
A plan can address:
telephone calls;
texting;
video calls; and
whether the child may initiate communication freely.
The arrangement should be built around the child's needs rather than either parent's desire to monitor the other household.
Should a Parenting Plan Address New Partners?
It can, but this section needs careful drafting.
There is no standard Ontario rule requiring separated parents to wait a particular number of months before introducing a new partner.
A parenting plan may address issues involving new partners where there is a genuine child-focused reason to do so.
For example, parents may agree on basic expectations about notifying each other before a new partner begins living with the child.
But clauses designed primarily to control an ex-partner's personal relationships can create unnecessary conflict and may not serve the child's interests.
The better focus is usually:
How will a significant change in the child's household affect the child's safety, stability and routine?
rather than trying to regulate either parent's dating life.
What Is a Right of First Refusal?
A right of first refusal generally means that if a parent cannot personally care for the child during their scheduled parenting time for a specified period, they first offer the other parent the opportunity to care for the child before arranging third-party childcare.
It can be useful for some families.
It can also create conflict.
If included, the clause should be specific.
For example:
Does it apply whenever a parent needs childcare?
Only if childcare will exceed four hours?
Does school or daycare count?
What about grandparents?
What happens during work?
Without those details, a provision intended to create more parenting opportunities can turn into an argument about ordinary childcare.
What Should the Plan Say About Extracurricular Activities?
Extracurricular activities can affect both parenting time and finances.
The plan may need to address:
who can register the child;
whether both parents must agree to significant activities;
transportation;
whether activities can be scheduled during the other parent's parenting time;
attendance at practices, games or performances; and
how expenses will be handled.
Significant extracurricular activities can also fall within decision-making responsibility.
Financial responsibility is a separate question.
Some activities may also raise issues under section 7 of the Child Support Guidelines where they qualify as special or extraordinary expenses.
That should be addressed in the child-support provisions rather than assuming every extracurricular activity is automatically divided between the parents.
What Should a Parenting Plan Say About Travel?
Travel is another area where practical detail helps.
Consider issues such as:
advance notice;
itinerary information;
where the child will be staying;
emergency contact information;
international travel;
travel consent letters;
passports; and
who keeps important documents.
The parenting plan can also identify who holds the child's passport and how it will be made available when legitimate travel is planned.
What Is the Difference Between Travel and Relocation?
A vacation and a relocation are not the same thing.
Under Ontario's Children's Law Reform Act, a relocation is a change in residence that is likely to have a significant impact on the child's relationship with another person who has parenting time or decision-making responsibility, or with someone who has court-ordered contact.
Where the statutory relocation rules apply, Ontario generally requires at least 60 days' notice before the proposed relocation.
The notice must include information such as the anticipated moving date, new residence and a proposal for how parenting time, decision-making responsibility or contact could operate after the move.
The federal Divorce Act contains a similar relocation framework. Justice Canada's Parenting Plan Tool also notes the 60-day notice requirement and the ability to object within 30 days under the federal process.
There are exceptions, including circumstances involving family violence.
A parenting plan can address moves and relocation, but it should not attempt to replace statutory requirements with a simpler private rule that conflicts with the legislation.
Should a Parenting Plan Address Where Parents Can Live?
Sometimes parents want to include geographic restrictions—for example, requiring both parents to remain within a particular school district or distance.
Whether that is appropriate depends on the child's circumstances.
A very rigid geographic clause can become difficult if employment, housing or the child's needs later change.
The legal relocation framework already focuses on whether a proposed move significantly affects the child's relationships.
So if a geographic restriction is being considered, it should be drafted with the child's best interests and future practicality in mind rather than simply assuming neither parent will ever move.
What Happens When a Child Gets Sick?
A detailed parenting plan can also address ordinary practical issues.
For example:
Does a sick child remain with the parent whose parenting time is scheduled?
Who stays home if the child cannot attend school?
How quickly is the other parent told about an illness?
Who makes emergency medical decisions?
How are prescriptions or medical information transferred between homes.
Should the Parenting Plan Be Reviewed as the Child Gets Older?
It can be useful.
A parenting arrangement appropriate for a preschooler may not work as well for a teenager.
Children's:
school schedules;
extracurricular commitments;
friendships;
jobs;
transportation needs; and
views and preferences
can change significantly over time.
Parents should consider a review provision or regular meetings to discuss how the plan is functioning as children grow.
But a review clause should be understood correctly.
It does not necessarily mean the parenting arrangement automatically changes on the review date.
The review creates an opportunity to discuss whether changes are needed.
If the parenting terms form part of a formal separation agreement or court order, appropriate legal steps may still be necessary to make agreed changes enforceable.
Should Every Parenting Plan Have a Review Date?
Not necessarily.
For some families, a scheduled review is useful, particularly where:
the children are very young;
a temporary or trial arrangement is being used;
a major school transition is approaching; or
a parent's work or residence is expected to change.
For another family, requiring a formal review every year could simply reopen issues that are working well.
The clause should be included because it serves the child and family, not simply because it appears on a standard template.
Can Parents Change a Parenting Plan Later?
Yes.
Parents may agree to change their arrangements as their children's needs and family circumstances evolve.
However, if the parenting plan is incorporated into a separation agreement or court order, the formal document may also need to be updated.
Where a court order is being varied under Ontario's Children's Law Reform Act, a material change in circumstances affecting or likely to affect the child's best interests is generally required.
This is why a review clause and a variation of a court order are not the same thing.
A review creates a planned opportunity to reconsider the arrangement.
Changing an enforceable court order engages the legal rules governing variation.
Does a Parenting Plan Need to Cover Everything?
No.
A parenting plan should be detailed where detail prevents ambiguity.
It should not become a manual governing every meal, bedtime, friendship or parenting choice in the other household.
Unless an agreement or order says otherwise, the parent exercising parenting time ordinarily has authority over day-to-day decisions during that time. Ontario legislation expressly recognizes that principle.
The balance is between:
enough structure to make important expectations clear
and
enough flexibility for ordinary parenting to continue.
Frequently Asked Questions
What should an Ontario parenting plan include?
Depending on the family, it can cover parenting time, holidays, decision-making responsibility, exchanges, communication, travel, extracurricular activities, information sharing, relocation, dispute resolution and future reviews.
Does an Ontario parenting plan have to use a 50/50 schedule?
No. There is no automatic 50/50 starting point. Parenting time should reflect the child's best interests and the family's circumstances.
Should the parenting plan specify pick-up and drop-off?
It can be very useful.
Should parents include a right of first refusal?
Only if it works for the family.
Does a parenting plan need a relocation clause?
It can address future moves, but Ontario and federal legislation already impose specific legal requirements for qualifying relocations. A private clause should be drafted consistently with those rules.
Should a parenting plan include new partners?
It may where there is a genuine child-focused reason. There is no standard Ontario waiting period before a new partner can be introduced, so any provision should focus on the child's safety and stability rather than controlling either parent's private relationships.
Can a parenting plan change as children get older?
Yes. Children's developmental needs and schedules can change over time.
Is a parenting plan legally enforceable?
That depends on how it is documented. Parenting terms can form part of a separation agreement or be incorporated into a court order. Under both the Divorce Act and Ontario legislation, a court can incorporate an agreed parenting plan subject to the child's best interests.
Build the Plan Around the Child's Actual Life
A useful parenting plan does not need to predict every disagreement the parents might have.
It should answer the important questions clearly enough that the family understands how parenting time, significant decisions, communication and future changes are supposed to work.
And it should leave enough flexibility for children to grow and ordinary parenting to happen.
If you are preparing for separation or divorce, Willing Law's Divorce and Separation Checklist can help you organize the parenting, financial, property and practical issues that may need to be addressed.
Download our Divorce Guide and Separation Checklist and use it as a starting point for the decisions ahead.
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This article provides general legal information only and is not legal advice. Reading it does not create a solicitor-client relationship.
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