What is a Parenting Plan? - Ontario

What is a Parenting Plan and do I need one?

When judges, family law lawyers and mental health professionals use this term in Ontario, they are usually talking about a multi-page document which creates a "road-map" for parents ~ on how to deal with their child(ren), and each other, after a separation. A Parenting Plan is, in fact, a “domestic contract” between parents, a form of a separation agreement, and the terms are enforceable by the Court.

A Parenting Plan may be authored by a variety of people. Many Parenting Plans are the result of negotiations between parents, with the assistance of their respective lawyers. Other Parenting Plans result from the recommendations by professionals involved, for example, in a parenting dispute. An assessor under section 30 of the Children's Law Reform Act can be one such person. Parents might also have met with a mediator to work out the terms of a Parenting Plan and if successful, that document would contain all the agreed-to terms.

Parenting Plans in Ontario can address a whole host of issues relating to children. Here are some examples:

1. who will make decisions about major issues in the children's lives (decision-making authority - formely called “custody”).

2. where the children will live (parenting time, - formerly called “residence” or “access”).

3. if the children will live mainly with one parent, how often, and when specifically the other parent will spend time with the children (another reference to parenting time).

4. whether the parents can move with or without the children (relocation), and how much notice (and in what form) the parent proposing to move is to give the other parent.

5. what protocol will be used if a child requires emergency care while in the care of one parent.

6. what happens when parenting time is missed.

7. what happens if one parent cannot care for the children on their time - this was formely called “right of first refusal” and is now more commonly referred to as “priority of parental care”.

8. who, other than the parents, can look after the children, and in what circumstances.

9. how holidays and special occasions will be shared.

10. how the parents will communicate with one another, and with the children while not in their care.

Parenting Plans also commonly include a Dispute Resolution clause - a mechanism, agreed-to in advance by the parents, for how they will address issues on which they do not agree. This may include mediation, arbitration or court (or a combination of a couple of these, in sequence).

This is not a complete list of issues covered by Parenting Plans - they differ from family to family, depending on the particular needs of the children.

Some Parenting Plans, particularly in cases where parents experience chronic and protracted conflict around parenting, include the appointment of a Parenting Coordinator (commonly known as a "PC") - usually, this person assists the parents in interpreting and implementing their Parenting Plan and may be involved for as long as 24 to 36 months. On some specific issues, the PC can also make binding decisions for the parents, as an arbitrator. For more information about Parenting Coordination, visit here. It is important to note that PCs become involved only once parenting arrangements are in place.

A thorough, thought-through Parenting Plan is an invaluable tool for separated parents. It can help immensely on the road ahead, particularly during periods, as there are in life in general, when the separated parents are not getting along very well. Parenting Plans reduce conflict - in turn, minimizing conflict is crucial, VITAL! for kids’ healthy growth and development post-separation.

I have extenstive experience with Parenting Plans - consider contacting our office if you have further questions. For years now, I have worked with parents both in my capacity as a family mediator but also as a lawyer, helping my clients negotiate parenting plans through collaboration with the other parent.

The Association of Family and Conciliation Courts (Ontario Chapter) has some very useful resources related to Parenting Plans, including a guide and a template. Read more about them here.

And now a response to the question posed in the title to this post - do YOU need a Parenting Plan? It is possible that you do - if you are separated and have children. The best way to find out is to tell a lawyer about your specific circumstances, and get fact-specific advice. I am available to help.

For some SAMPLE clauses from our Parenting Plan Template, visit here.

©AJJakubowska