How to Create a Parenting Plan in Canada: A Complete Guide

A parenting plan is the most important document you'll create during your separation. It sets out how you and the other parent will raise your children going forward: who they live with, how decisions are made, and how you'll handle holidays, travel, and disagreements. A well written plan prevents years of conflict. A vague or incomplete one guarantees it.

This guide walks through everything you need to include in a parenting plan in Canada, from parenting time schedules to dispute resolution. If you're looking for broader context on how parenting arrangements work after divorce, see our guide to divorce with children.

What Is a Parenting Plan?

A parenting plan is a written agreement between parents that outlines how they'll share the responsibilities of raising their children after separation. It covers parenting time (when the child is with each parent), decision making responsibility (who makes major decisions about the child), and the practical logistics of co-parenting.

Under section 16.6 of the Divorce Act, parties can submit a parenting plan to the court, and the court must include the plan in its order unless doing so would not be in the child's best interests. This means a well-drafted parenting plan carries significant weight with judges. The Government of Canada also offers a free online Parenting Plan Tool that walks parents through the process step by step.

Key Elements of a Parenting Plan

Decision Making Responsibility

Decision making responsibility refers to who has the authority to make significant decisions about the child's life. Under the Divorce Act, there are three main arrangements:

Sole decision making means one parent has the final say on all major decisions. Shared decision making, which is the most common arrangement, means both parents must agree on major decisions. Divided decision making means each parent has authority over specific areas, for example, one parent decides about education while the other decides about medical treatment.

Your parenting plan should specify who has decision making responsibility for each of these areas: health care and medical treatment, education and schooling, religious upbringing and cultural activities, and extracurricular activities and sports. Day to day decisions (what the child eats for dinner, what time they go to bed) are typically made by whichever parent the child is with at the time.

Parenting Time Schedule

The parenting time schedule is the core of your plan. It should spell out exactly when the child is with each parent, including the regular weekly or biweekly schedule, holiday arrangements, and special occasions. Fixed schedules are strongly recommended over vague arrangements like "reasonable parenting time" because they eliminate ambiguity and reduce opportunities for disagreement.

Common schedules include alternating weeks (week on, week off), a 2-2-3 rotation where the child alternates between parents every 2 or 3 days, or a primary residence arrangement where the child lives mainly with one parent and has regular time with the other (for example, every other weekend plus one weeknight).

Communication Between Parents

Your plan should establish how you and the other parent will communicate about the children. This includes the preferred method of communication (email, text, a co-parenting app like OurFamilyWizard or Talking Parents), how often you'll share updates about the child's school, health, and activities, and rules about response times for non-urgent matters.

Co-parenting apps can be particularly helpful in high-conflict situations because they create a written record of all communications, which can be useful if disputes end up in court.

Dispute Resolution

Even the best parenting plan can't anticipate every situation. Your plan should include a process for resolving disagreements: start with direct discussion, then mediation, then arbitration or court as a last resort. In high-conflict situations, a parenting coordinator (a neutral third party who can make binding decisions on day-to-day issues) can be invaluable. For more on mediation, see our guide to divorce mediation.

Age Appropriate Schedules

Children's needs change as they grow, and your parenting schedule should reflect their developmental stage. What works for a toddler won't work for a teenager.

Practical Details That Prevent Conflict

The small details are often where conflict arises. Addressing these explicitly in your parenting plan saves significant grief later:

Pickup and Drop Off

Specify the exact location (which parent's home, the school, a neutral location), the exact time, and who is responsible for transportation. Also address what happens if a parent is late. A common approach is a 15 minute grace period, after which the other parent can make alternate arrangements.

Travel and Passports

For domestic travel, many plans require 14 to 30 days' notice with the itinerary and contact information. For international travel, a consent letter from the non-travelling parent is typically required, and the plan should specify where passports are kept and how consent will be handled. For more about relocation rules, see our guide to relocation after divorce.

Right of First Refusal

A right of first refusal clause means that if one parent can't be with the child during their parenting time (for example, they need to travel for work), they must offer that time to the other parent before arranging a babysitter or other care. This is common and helps maximize each parent's time with the child, though it needs clear parameters (typically triggered only for absences of 4 or more hours).

New Partners and Social Media

Many plans include guidelines about when and how new partners are introduced to the children (a common agreement is not until the relationship is at least 6 months old). Social media rules might include agreeing not to post identifiable photos of the children without both parents' consent, and not posting disparaging comments about the other parent.

Making Your Plan Legally Binding

A parenting plan can exist at different levels of legal enforceability:

An informal agreement between parents is not legally enforceable, but it can guide day-to-day behaviour and is better than nothing. A separation agreement that includes the parenting plan is a legally binding contract if properly executed (signed, witnessed, with independent legal advice). A court order incorporating the parenting plan is the most enforceable option, with consequences for non-compliance including contempt of court.

When Plans Need to Change

Children's needs evolve, and your parenting plan should evolve with them. Most plans benefit from a review every 2 to 3 years or when a major milestone occurs (the child starting school, entering high school, getting a driver's license).

If both parents agree to changes, those changes should be put in writing and signed by both parties. If the original plan is part of a court order, you may need to file a consent variation to make the change legally binding. If you can't agree, you'll need to apply to the court to vary the order, which requires demonstrating a "material change in circumstances" since the original order was made.

Resources and Next Steps

Creating a comprehensive parenting plan is one of the most important things you can do for your children during a separation. A family lawyer can help you draft a plan that's thorough, fair, and legally enforceable.

Browse family lawyers across Canada to find a lawyer who can help you create a parenting plan that works for your family.

This content is for informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances. Consult a qualified family lawyer for advice specific to your situation.