Parenting Plan Tool Instructions

Coming up with a parenting plan

A parenting plan is a written document that outlines how parents have agreed to raise their children after separation or divorce. Parenting plans describe how parents who are not living together will care for and make important decisions about their children.

You can agree to any type of parenting arrangement, but you should focus on what is in the best interests of your children.

There is no “one size fits all” when it comes to developing a parenting plan. This parenting plan tool provides suggestions that you may want to consider or adapt to meet your children’s needs. Before you get started, it is important to know a couple of things about making a parenting plan:

  • You do not have to use legal language. You may have heard legal terms such as “parenting time,” “decision-making responsibility,” “contact,” or “access.” You do not have to use these terms, but your parenting plan should clearly outline the arrangements that you and the other parent have agreed to.
  • It is important to put your parenting plan in writing. A written parenting plan is a record of the decisions you have made together about the future. Having it in writing can help you avoid conflict in the future.

This parenting plan tool allows you to choose statements and specific clauses that reflect your child’s developmental needs. The sample clauses are based on the best available research. The clauses you choose for your parenting plan will be based on your children’s specific circumstances. The parenting plan tool gives you a starting point for developing a plan based on common considerations for parenting after separation and divorce.

The federal Divorce Act generally applies when married parents are divorcing and want to settle issues related to parenting arrangements. Provincial and territorial laws apply to parenting arrangements when unmarried parents separate or have never cohabited, or when married parents separate but do not divorce. This parenting plan tool uses the terms found in the Divorce Act:

  • Parenting time: The time that children spend in the care of one of their parents, whether or not the child is physically with that parent (for example, it includes time when children are attending school).
  • Decision-making responsibility: The responsibility for making important decisions about a child’s well-being, including decisions about health, education, culture, religion, and significant extra-curricular activities.
  • Contact: Court-ordered time that a person who is special to a child - but is not their parent—such as a grandparent—spends with that child.

Legal advice

It is important to consult with a legal adviser who can help you to understand your legal rights and responsibilities. Legal advisers can also help you learn more about child support and other financial issues, or what to do if you have concerns about family violence or child safety. Consulting with a legal adviser is especially important before you sign your parenting plan.

Legal adviser means a person who is qualified in your province or territory to provide legal advice to another person or represent them in court. This can be a lawyer, and in some provinces, may include other professionals like notaries or paralegals.

You may also wish to look for information about family law as well as government-based family justice services in your province or territory.

Using this Parenting Plan Tool

To use the Parenting Plan Tool, begin by filling in the fields with information related to you and your children. Fields marked with an asterisk (*) are required.

Each section starts with an explanation and then suggests sample clauses that cover the situation. Read each section and select the options that you would like to apply to your family’s situation. If you select a statement or clause and later change your mind before clicking “submit,” you can go back and select a different option. If you do not wish to include a statement or clause, do not select it.

Note: You can make a different parenting plan or have different schedules for each child. This can be especially important when children are of different ages or have special needs.

When you have finished choosing all the clauses that you want to apply, click “submit.” The information you filled out will be sent to you in an email as text in the body of the email. You can then cut and paste the text of the email and save it as a Word document.

You cannot save your work while using the Parenting Plan Tool. If you do not complete each section of the tool, you can click submit and the information you filled out will be sent to you. You can fill out the sections you missed at a later time and cut and paste the various email messages together to complete a parenting plan.

Some parents choose to work together to develop a parenting plan. Others work on it by themselves and then share it with the other parent. Sometimes parents develop a plan with the help of a legal adviser, mediator and/or mental health professional.

Preparing ahead of time by thinking about what you want in a parenting plan is an important first step towards reaching an agreement with the other parent. If you don’t come to an agreement on a parenting plan, having your own proposed plan may be helpful if you need to go to court. It can help show the court what you want and how you plan to support and involve the other parent. However, a parenting plan prepared by only one parent will not bind the other.

What the Parenting Plan Tool covers

Each section of the tool looks at different issues for you to think about. Not everything in the Parenting Plan Tool will apply to you and your family. Sample clauses included in this tool deal with the following issues:

  • general statements about your co-parenting relationship
  • how you will make decisions about your children
  • how your children will spend time with each parent
  • the use of technology to keep in touch with your children
  • sharing information and communicating about your children’s needs
  • handling medical and school appointments and other practical arrangements for your children
  • planning extracurricular activities for your children
  • travel arrangements
  • how you will deal with moves and relocations if they come up in the future
  • how you will resolve disputes
  • reviewing, monitoring and changing the parenting plan

Please note that this tool does not cover child support. The federal child support guidelines and worksheets provide more information on child support.

Addressing the issues covered in the parenting plan tool

All families are different, as are each child’s needs. This parenting plan tool is meant to give examples of options you may wish to include in a parenting plan. As you use the parenting plan tool, you may find that you don't need some of these options in your situation or you may wish to add others.

The statements in this parenting plan tool are only examples. Your parenting plan should fit your child's specific needs. For example, if one or more of your child have any special medical or learning needs, you may wish to create separate parenting plans for each child.

If it's likely that there will be conflict between you and the other parent about certain parenting issues, you should think about addressing them in more detail in your plan. This may help to reduce conflict later. On the other hand, you should only include the details that are really necessary. It’s important to remember that you and the other parent need to follow the rules you include in your plan.

Making a parenting plan legally binding

You and the other parent may want to write a parenting plan that is legally binding. This means that you can ask a court to enforce it, and other outside agencies and professionals to follow it. For example, outside agencies or professionals, such as schools, medical professionals, and government departments may require formal written agreements or court orders to provide information or services related to your child. These organizations also need documents that are clear and easy to understand.

If you agree on your parenting plan and ask the court to make it into a court order, the Divorce Act states that the court must include your parenting plan in a parenting order, unless it is not in the best interests of the child.

A parenting plan may be legally binding if it’s not included in a court order depending on the laws of your province or territory. In some provinces and territories, having both parents sign the plan will make it into a legally binding agreement. In other provinces, a witness or other procedures may be required. You can find more information about making agreements and obtaining orders under provincial and territorial legislation on the provincial and territorial family law websites.

If you want the parenting plan to be legally binding and enforceable, it is best to get legal advice. A legal adviser will also ensure that you understand your legal rights and responsibilities under a parenting plan.

Names of parents and child

Enter the full names of all parents and child included in this plan.

Email address


General statements about the parenting relationship

You may wish to include general statements about your parenting relationship at the beginning of your parenting plan.

These statements are meant to provide guiding principles about how both parents should behave to protect their children from the conflict. They help to keep the focus on the child and reinforce the importance of child having a good relationship with both parents.

Children's needs change over time, especially as they go through different developmental stages.

It's a good idea to recognize that you may need to change your parenting plan as the children get older or as their medical, educational or other needs change. The very last clause in this parenting plan tool addresses the issue of changes to the plan.

Here are some general statements of principle that you may want to include in your parenting plan.

Responsibilities to our child

The Divorce Act includes certain duties for parents. For more information please see the fact sheet on duties for parents under the Divorce Act. These duties require parents to:

  • keep children out of adult conflict
  • act in childrens’ best interests
  • try to resolve disputes out of court, where appropriate
  • provide information required under the Divorce Act
  • follow orders until they are no longer in effect

The clauses below reflect those duties and encourage putting the best interests of the child first.

Select all that you would like to apply.

Responsibilities to each other

Select all that you would like to apply.

Reviewing this parenting plan

Select all that you would like to apply.

Making decisions about the child

You and the other parent need to decide how you will make major decisions about the child. Examples include decisions about

  • choice of school
  • educational needs
  • supporting cultural practices and language instruction
  • attendance at religious and/or customary cultural services
  • medical treatment, any special dietary needs, and other health care needs
  • significant extra-curricular activities – activities that will have a significant cost or time commitment

You and the other parent may agree to make these decisions jointly, have them made solely by one parent, or divide different decisions between you.

Unlike major decisions, day-to-day are usually made by the parent who is with the child at any given time. These include decisions about homework, bedtime routines, chores, etc. Emergency decisions are usually also made by the parent who is with the child when an emergency arises.

The federal Divorce Act has certain rules about parenting arrangements for children when parents divorce. Provinces and territories have generally similar rules for unmarried parents and for married parents who separate but do not apply for a divorce.

This section provides statements about decision-making responsibility that follow the federal Divorce Act rules for divorcing parents. Under the Divorce Act there are no presumptions about how parents share or divide decision-making.

If you are using this Parenting Plan Tool but not divorcing , you can find information about parenting arrangements under the family laws that apply in your province or territory.

Significant decisions about the child

Under the Divorce Act, decision-making responsibility refers to making important decisions about a child’s well-being, including decisions about health, education, culture, religion, and significant extra-curricular activities.

Your parenting plan should clearly indicate who has the major decision-making responsibilities for your child. It is important for each parent and for other people in the child’s life to know who is responsible for major decisions.

  • Health (please also see the section regarding child with Special Needs for additional health considerations
  • Education
  • Culture, language, religion and spirituality
  • Significant extra-curricular activities

Scheduling extra-curricular activities

Participating in extra-curricular activities can be very beneficial for children. Decisions surrounding the type and number of extra-curricular activities that a child participates in will be dependent on the child’s interests, the required time commitments for parents and the child, and available financial resources.

Extra-curricular activities are considered “significant” if they involve a big investment of time, money, or both. Even when you have specified in your parenting plan who has decision-making responsibility for significant extra-curricular activities, it may be important to set out rules about how both routine and significant extra-curricular activities will be scheduled.

Generally, one parent should avoid scheduling extra-curricular activities during another parent's scheduled time with the children without the other parent's consent. In order to respect each other’s schedules and time commitments, parents should try to reach an agreement about which activities their children will participate in.

You may wish to include additional clauses in your agreement about extra-curricular activities, for example

Day-to-day decisions

Emergency decisions for a child

Parenting time

Under the Divorce Act, parenting time refers to the time that child children in the care of one of their parents, whether or not the child is physically with that parent (for example, it includes time when children are attending school).

The parenting time arrangement that you agree to will depend on many factors including:

  • age and developmental stage of your children
  • the parents’ lives and their schedules
  • the child’s views and preferences (e.g. what activities and routines are important to them)
  • the children’s relationships with others members of the family such as siblings and grandparents

It's also important to think about practical issues in developing a parenting time arrangement. For example, work schedules, transportation and how far you live from the other parent will likely affect the parenting time arrangement.

Each situation is unique and there is no presumption or starting point that parenting time is to be split 50-50 between parents.

The amount of time your child has with each parent should be as much time as is in your child’s best interests.

Choosing from the schedules below

Sometimes agreements or orders use language like "reasonable" or "generous" time with the children. This leaves it up to parents to decide parenting time arrangements on a flexible, ongoing basis. While this may work well in some cases, it can cause disputes and conflict in others.

Another option is to set out a detailed parenting time schedule. Although this has the benefit of being clearer for everyone, if your circumstances change and the parenting time arrangement doesn't work anymore, you will need to change your agreement or order. Consider which approach will work best for your children.

There are several examples below of schedules for school-aged children, but there may be other parenting time arrangements that would work better in your situation.

Some of the examples below include information about picking up and dropping off the children. Think about whether you need this amount of detail in your plan.

Note: Child support should be addressed after you have decided on the parenting time arrangement that is best for your child. The parenting schedule may impact child support amounts. It is important to remember, however, that the amount of time your child has with each parent should be as much time as is in the child’s best interests.

If you have concerns about safety

If there are safety concerns about a parent or a child, courts may order that the transfer of the child from one parent to the other or parenting time be supervised. A court might order supervised transfer if one parent might not be safe around the other parent or if the child could be exposed to high levels of conflict during the transfer. If there are concerns about the child’s safety - for example if a parent has been violent - the parenting time can be supervised. Courts may also order supervision if a parent and a child are being reintroduced to one another after a significant period apart.

These are also options that you can include in your parenting plan, where it is in the child’s best interests.

Flexibility in response to unexpected events

Personal and family emergencies, such the death of a close relative, are always possible. These situations require flexibility. If the other parent asks you to be flexible, think about how you would want them to respond if you were faced with a similar situation or emergency.

You should also remember that to meet the needs of your children, you will likely need to be flexible with the parenting time arrangement at times. For example, you may need to re-schedule your children's time with one parent if there is an out-of-town sports tournament during their time with the children, but the other parent is responsible for transportation to and from the activity.

Examples:

Here are some examples that you can adapt to reflect the needs of your family. Read through all of the examples below before deciding which ones are best suited for your family’s situation.

1. Primary parenting time (residence) with one parent: Alternate weekends and one overnight per week with the other parent

The child will have parenting time with Parent A, except as follows. The child will have parenting time with Parent B every second weekend from after school on Friday until the start of school on Monday morning. The child will have parenting time with Parent B from after school on Wednesday until school on Thursday each week. If a child is sick or unable to attend school on the Monday or Thursday when Parent B would normally take the child to school, Parent B will be responsible for the child’s care until the end of that school day. Parent B will be responsible for picking up and taking the child to school on the relevant days.

  Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Week 1 Parent A Parent A Parent A morning
Parent B afternoon and overnight
Parent B morning
Parent A afternoon and overnight
Parent A morning
Parent B afternoon and overnight
Parent B Parent B
Week 2 Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B morning
Parent A afternoon and overnight
Parent A Parent A Parent A
Week 3 Parent A Parent A Parent A morning
Parent B afternoon and overnight
Parent B morning
Parent A afternoon and overnight
Parent A morning
Parent B afternoon and overnight
Parent B Parent B
Week 4 Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B morning
Parent A afternoon and overnight
Parent A Parent A Parent A
2. Primary parenting time (residence) with one parent: alternating weekends and one evening per week (not overnight) with the other parent

The child will have parenting time with Parent A, except as follows. The child will have parenting time with Parent B from after school on Wednesday until [fill in time] on that day, and every other weekend from after school on Friday until Saturday [fill in time]. Parent B will also pick the child up from school on Wednesday and drop them off at Parent A's residence at [fill in time]. Parent B will be responsible for picking up and taking the child to school on the relevant days. If the child is sick or unable to attend school on the Monday when Parent B would normally take the child to school, Parent B will be responsible for the child’s care until the end of that school day.

Parent B will pick the child up from school on Friday.

  Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Week 1 Parent A Parent A Parent A morning
Parent B afternoon until (fill in time)
Parent A Parent A Parent A Parent A
Week 2 Parent A Parent A Parent A morning
Parent B afternoon until (fill in time)
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B
Morning
Parent A
Afternoon and overnight
Week 3 Parent A Parent A Parent A morning
Parent B afternoon until (fill in time)
Parent A Parent A Parent A Parent A
Week 4 Parent A Parent A Parent A morning
Parent B afternoon until (fill in time)
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B
Morning
Parent A
Afternoon and overnight
3. Primary parenting time (residence) with one parent with supervised parenting for a specified period with the other parent

Parent A will have parenting time with the child except for the period of supervised parenting time with Parent B. Parent B will have time with the child from [fill in time] every second Saturday at the home of B’s parents. One of B’s parents and/or [fill in designated person]* will be responsible for supervising B’s time with the child and will pick up and return the child to Parent A and/or [fill in designated person] at the start and end of the supervised parenting time.

*Note that this is one example of a supervised parenting time arrangement. There may be services in your community that offer supervised parenting time. See the Directory of Family Justice Services to see what government-based services are available in your community.

4. Equal time: alternating weeks

Parent A and Parent B will have alternating weeks of parenting time with the child. If the child is living with Parent A in a given week, Parent A and/or [fill in designated person] will pick the child up on Friday after school and drop them off at school the following Friday morning. Parent B and/or [fill in designated person] will do the same the following week.

  Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Week 1 Parent A Parent A Parent A Parent A Parent A morning
Parent B afternoon and eventing
Parent B Parent B
Week 2 Parent B Parent B Parent B Parent B Parent B morning
Parent A afternoon and evening
Parent A Parent A
Week 3 Parent A Parent A Parent A Parent A Parent A morning
Parent B afternoon and evening
Parent B Parent B
Week 4 Parent B Parent B Parent B Parent B Parent B morning
Parent A afternoon and evening
Parent A Parent A

5. Equal Time: split-week (2-2-5-5) rotation

This parenting time schedule is a rotation based on two consecutive days with each parent and then five consecutive days with each parent. The child will have parenting time with:

  1. Parent A from Monday after school until Wednesday morning before school
  2. Parent B from Wednesday after school until Friday before school
  3. Parent A from Friday after school until the following Wednesday morning before school
  4. Parent B from Wednesday after school until the following Monday morning before school.
  Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Week 1 Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B morning
Parent A afternoon and overnight
Parent A Parent A
Week 2 Parent A Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B Parent B Parent B
Week 3 Parent A Parent A Parent B Parent B Parent A Parent A Parent A
Week 4 Parent A Parent A Parent B Parent B Parent B Parent B Parent B
6. Equal time - split two-week (2-2-3-2-2-3) rotation

This parenting time schedule is a rotation over a two-week period. In each week, the schedule is based on two consecutive days with one parent, then two consecutive days with the other parent, and then three consecutive days with the first parent. The child will have parenting time with:

  1. Parent A from [fill in time] on Monday after school until Wednesday before school
  2. Parent B from Wednesday after school until Friday before school
  3. Parent A from Friday after school until [fill in time] Monday morning beginning week 2
  4. Parent B from [fill in time] after school Monday beginning week 2 until Wednesday before school
  5. Parent A from Wednesday of week 2 after school until Friday before school
  6. Parent B from Friday of week 2 after school until [fill in time] Monday morning beginning week 3.
Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B morning
Parent A afternoon and overnight
Parent A Parent A
Parent A morning
Parent B afternoon and overnight
Parent B Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B
Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B morning
Parent A afternoon and overnight
Parent A Parent A
Parent A morning
Parent B afternoon and overnight
Parent B Parent B morning
Parent A afternoon and overnight
Parent A Parent A morning
Parent B afternoon and overnight
Parent B Parent B
Transfers of care of the child

Some of the schedules above include details about transporting the children. Think about including those details in your schedule. Some wording is provided below.

Arrangements for transport of child will often be made based on parental work schedules and other things, like available transportation. If possible, however, the parent who has care before the transfer should deliver the child to the other parent. This helps the child get the sense that one parent is transferring care to the parent who is welcoming the child into their home, rather than feeling that one parent is taking the child away from the other parent. This type of transfer also ensures that the child will be helped to get dressed and packed up, which is important as this is often harder for child than arriving somewhere.

Where safety is an issue

There are also clauses below for situations where there are safety concerns for the child or one or both of the parents. See “transfers in neutral settings” and “transfers in safe settings.”

Transporting the child to the other parent’s home

Picking up the child from the other parent’s home

Picking up the child from school

Transfers in neutral settings

Transfers in safe settings

School long weekends

Persons authorized to pick up and drop off the child

Sometimes you or the other parent may not be able to pick up or drop off the child as scheduled and may arrange for someone else to do this. In most cases, this will not cause problems. But sometimes, one of you may have concerns about who picks up and drops off your child. It's a good idea to discuss this issue and decide how you will handle it.

OR

Children’s personal items

Children may have favourite clothing, toys, or pets that they would like to have with them, wherever they are living. This can apply even if these are gifts from one parent. If there is potential for conflict on this issue, it can be important to be clear about where the children may take these items.

Vacations, holidays, special days

It's important to set out how the regular parenting time schedule will change when there is a holiday or special day. It may be a good idea to ask your child how they would like to celebrate holidays or special days.

You will find the most commonly celebrated official holidays below. If you or the other parent celebrates other religious or cultural holidays, or if there are other holidays where you live, it's also a good idea to address these in your parenting plan.

To make your child's transitions between you and the other parent as easy as possible, you may wish to consider scheduling vacations and holidays around natural breaks in the year, especially the school year. For example, it may make sense to schedule holidays with one of you at the beginning or end of the summer break.

Child’s birthdays

Parents' birthdays, Mother's Day, Father's Day

School spring break

School winter break (Christmas)

Select all that you would like to apply.

Channukah, Passover, Eid, Diwali or other special dates of cultural or religious celebration

Easter

Thanksgiving

Victoria Day

Other long weekends not specifically addressed

Summer holidays

Halloween

Virtual time (Telephone, texting, video calls and other communication)

If there is a potential for conflict on this issue, it can be important to set out some ground rules for seeing or communicating by phone or virtually with a parent while the child is with the other parent. When this is not clear, misunderstandings can sometimes arise about one parent "interfering" with the time of the other parent. Examples of possible approaches are provided below.

You need to decide if and how much telephone/texting or other virtual communication will meet the child's needs. For example, some children who are doing well spending time with a parent may become upset just by hearing the other parent's voice on the phone. For other children, this will not be an issue. Think about what will work best for your child.

You may wish to speak with your child about how they like to communicate. Do they prefer to use the telephone, texting, email, video calls (for example, Skype, FaceTime) or other forms of virtual communication? If there is conflict between you and the other parent, you may wish to consider suggesting a form of communication that the child can use on their own.

It is important to remember that the type of communication your child can use will depend on many factors, including their age and stage of development. For example, young children may find it difficult to have a conversation by telephone or become bored and restless if the call is too long. Agreement about the type, frequency and length of virtual communication that is appropriate for the child to have with each parent can avoid unnecessary tension and disruption for both parents and children.

Childcare

Sometimes the parent who has scheduled time with the child is unable to personally be with the child. For example, the parent may have to work an extra shift, or something unexpected comes up. Some parents agree that when these situations come up, the other parent has a right of “first refusal”, meaning they should be contacted first before other childcare arrangements are made.

For others, these types of arrangements can cause conflict between the parents. They may find it preferable for the parent with scheduled time to find their own childcare. Decide if you wish to include this option in your parenting plan.

Time with other people

Children often have important relationships with other adults in their lives, like grandparents or other extended family members. Most often, children will spend time with them while they're with their parents. But sometimes, parents may choose to include a clause in the parenting plan that specifically provides for contact between the child and another person. For example, this may apply when a person has been very involved in the care of the child, and it's important to the child to maintain that relationship by setting up a regular visit. When you're thinking about this type of provision, it's important to keep in mind the child's overall schedule as well as their involvement in other activities. Keep in mind that if you include such a clause in your agreement, it will become a long term commitment.

Children With Special Needs

The term “child with special needs” includes children with a broad variety of physical and mental health issues. It also includes learning issues and other special needs that a child may have. Many children with special needs require:

  • multiple and ongoing assessments
  • high levels of supervision and care
  • close monitoring of medication
  • complex treatment delivered by a variety of professionals

A parenting plan for a child with special needs should be reviewed and adapted to accommodate changes in: the child’s health, long-term needs and day-to-day functioning. Various components of the parenting plan may need more details depending on the needs of the child. For example, it may be difficult for the child to travel between homes or the child may find living in two homes stressful. Changes in routine may be more difficult for your child.

For many children with special needs, continuity of care and consistent routine will be important. Think about which parent was responsible for communicating with doctors, assessors and teachers, or who took physical care the child prior to separation.

In addition to deciding how medical decisions will be made (addressed above in Making Decisions About the Child), there are many things to think about related to your child’s special needs. Some of these are included below. It is not a complete list of clauses, but it is a starting point.

Sharing Information And Communicating About The Children

Good communication is important in a positive co-parenting relationship. It's important to set ground rules about what information you will share with each other about the children and how this will be done. It's also a good idea to decide how you will discuss parenting issues that come up from time to time.

Communicating about the children

Exchange of contact information

Attendance at parent-teacher meetings

Attendance at child-related events

Appointments and other practical arrangements for the child

There are many other decisions that you will need to make for your children, including decisions about:

  • who will buy the children's clothing, sports equipment, and toys
  • whether certain items will stay in one home or be carried between homes
  • who will take the children to different appointments with doctors, dentists or counsellors

Many parents address these issues on an ongoing and informal basis. If you think, however, that addressing these issues may result in conflict between you and the other parent , it may be a good idea to be clear about these issues in your parenting plan. It may also be helpful to consult with a counsellor or other family justice professional to assist during times of conflict.

Co-parenting apps

Some parents find that co-parenting apps, which provide services such as instant messaging, a shared calendar, and financial tracking, are helpful in reducing conflict between parents by helping with scheduling and organization.

Doctor's appointments

Dentist's appointments

Documents

You are likely to have important documents related to your children, like health cards, SIN cards, birth certificates and passports. It's important to decide where these documents will be kept. A sample clause is provided below.

Travel

Vacations

There are many decisions related to travel that you may need to include in your plan to avoid future conflict. This will depend on many things, including your lifestyle and your child’s activities that involve travel, like tournaments, recitals, competitions, etc. You may need to decide on out-of-country travel, travel to other provinces, or travel with other family members. Some of the important decisions you need to make are included below.

Notice

When one parent plans to travel with the children, especially on a long or faraway trip, it's important to give the other parent notice so they know:

  • where the children are
  • how to contact the children while they're away
  • when the children are returning

The Government of Canada strongly recommends that children under the age of majority (18 or 19, depending on the province or territory of residence) who are travelling abroad carry a consent letter proving they have permission to travel from every person with the legal right to make significant decisions on their behalf, if that person is not with them on the trip. Although a consent letter will not necessarily make your travel with your children problem-free, it may help in certain countries or certain situations to have such a document with you.

Passports

All Canadian children need their own passport to travel internationally. Starting at the age of 16, children can apply for an adult passport on their own behalf. For children under the age of 16, passport applications are submitted by the parent with the legal right to apply on behalf of the child, and the application must be accompanied by all necessary documents.

Only a parent with decision-making responsibility may submit a passport application on behalf of the child. The application must be accompanied by all legal documents related to parenting. Passport officials will review these documents to ensure that the parent submitting the application has the legal right to apply on behalf of the child, and that there are no restrictions limiting the child’s international travel.

If a parent or the child holds foreign passports, you may wish to address additional issues in your parenting plan or agreement. For example, you may want to include a statement requiring the use of a Canadian passport for foreign travel with the child.

*Please note: If a child passport application is received without the signature of both parents, Immigration, Refugee and Citizenship Canada may try to contact the other parent, unless the legal documents provided with the application indicate that the other parent is prohibited from having any contact.

Restrictions on travel

Your parenting plan can be a useful tool to create an agreement on travel restrictions for your child and can be tailored to meet specific needs. These could be placing limitations on a child’s international travel, domestic travel, or both. It can set the terms for the child to travel with one parent to another province, territory, or country.

Sometimes, a parent may be worried about letting the child leave the province or country. This may happen, for example, where one parent is worried the other parent may try to take the child to live in another country. If you are worried that the other parent may try to take your child to another country without consent, it's very important that you speak with a legal adviser to make sure your parenting plan protects your child.

Implications for obtaining a child’s passport: You should note that placing a restriction on your child ’s travel can affect passport applications. For example, if your parenting plan says that the children cannot be removed from a certain province or territory (Option 1 below), Passport officials will not issue a passport. In this case, you would have to obtain a court order that allows the child to travel.

In cases where you and the other parent decide that the child cannot be removed from the country (or a city, province or territory) without the consent of both parents (Option 2 below), you must both sign the passport application. If you don't, passport officials will not issue a passport

Option 1

Option 2

Moves and relocations

When you are developing a parenting plan, it's a good idea to think about future moves. What will you do if one parent wishes to move away, either alone or with the children? Even if you believe that it isn’t likely to happen, it's important to think about whether to include it in your parenting plan.

Your parenting plan does not have to follow all the rules about moving that are set out in the Divorce Act. But if part of your plan is made into a court order under the Divorce Act, then certain rules will apply. So it is important to understand these rules.

Rules about moving or relocating under the Divorce Act

The Divorce Act has rules about giving notice and the process to follow when one parent proposes to move with the child or move away from the child. These rules only apply if you already have a custody or parenting order under the Divorce Act.

If you don’t have a Divorce Act order, there may be rules under provincial or territorial laws that apply to you, depending on where you live. But even if the rules about notice do not apply, it is important to let the other parent know about any plans to move, because it can affect your child’s parenting arrangement. For example, the other parent may need to know where to pick up and drop off the child. There may be a change to the child’s school or daycare. You may also want to give this information to extended family members.

Notice requirements under the Divorce Act

If you have parenting responsibility (custody, access, parenting time or decision-making responsibility) because of an order made under the Divorce Act, you have to give notice if you are:

  • planning to move away without your children
  • proposing to move with your children

You need to give notice of the move to:

  • any other person with parenting responsibilities (someone who has custody, access, decision-making responsibility or parenting time)
  • anyone with contact with your children under a contact order

The rules for notice are different depending on whether the move is just a change of residence or a relocation.

A change of residence is a move that is not expected to have a major impact on the child’s relationships. In most cases, this will be a move within the same city or town.

A relocation is a move that will have a significant impact on the child’s relationship with their parents and other important people in the child’s life. A move will generally be considered a relocation if it will have a big impact on one parent’s ability to follow the parenting schedule.

For more information on the Divorce Act rules about changes of residence and relocation, and related forms see: (Moving after separation or divorce).

Family violence

Family violence may impact a planned move. For example, if you are afraid for your or your child's safety, you can ask the court to change the usual notice rules. You could ask for a court order that says you don't have to give notice, or that your notice only gives the city you want to move to but not your full address. It is best to talk with a legal adviser about how to safely plan a move.

Including moves and relocation in your parenting plan

If you are including the possibility of moves and relocation in your parenting plan, you may want to use the Divorce Act rules about moves as a starting point. Think about what would be most practical in your situation and would work best for your children.

Here are some things you may want to address in your plan:

  • How much notice should a parent give to the other parent? For major moves that would be considered a relocation, should it be the 60 days the Divorce Act requires or longer?
  • Should anyone else—other than the parents—be given formal notice of the move? The Divorce Act requires that you give notice of a move to anyone who has parenting responsibilities or applied for them and anyone with a contact order.
  • Besides the information required under the Divorce Act, (new address, new contact information, date of the move, and proposed new parenting arrangement for relocations), should any other information be included?

The clauses below are based on the requirements for notice under the Divorce Act.

Additional costs due to distance

When one parent moves away with the children, sometimes the other parent may have significant costs related to spending time with the children. For example, a parent may have to pay for transportation and hotel costs to spend time with the child. If your parenting plan involves a relocation of one parent with the child, to help both of you spend time with your child, you may wish to address these costs in your parenting plan. Examples of costs provisions are included below.

Family dispute resolution processes

Remember: Under the Divorce Act, parents now have a duty to try to resolve issues through a family dispute resolution process such as mediation. Family dispute resolution processes can be faster and less costly than going to court, and can help parents focus on their children’s best interests. For more information about family dispute resolution processes see: Fact Sheet - Family dispute resolution: resolving family law issues out of court (justice.gc.ca)

But dispute resolution may not be appropriate in certain types of situations, including in some cases of high conflict, power imbalance or family violence.

An important reason for developing a parenting plan is to limit future conflicts. But things you weren't expecting can happen and can affect your parenting plan. Sometimes, you and the other parent may not be able to agree on how to handle these issues. Also, if your parenting plan says you will make decisions jointly, you may not always be able to agree on every issue.

It's important to include a clause in your parenting plan that says how you will resolve disputes. For example, you may agree that before you make a court application to have a judge resolve a disagreement, you will try another type of non-court family dispute resolution process. An example is provided below. While this example talks about mediation, you may wish to try other types of family dispute resolution, like collaborative law, parent coordination or arbitration (if available in your province or territory). If you agree to a type of dispute resolution, you will have to use that process first, unless there is a good reason not to. You may also wish to set out how you will divide the costs of the family dispute resolution process between you. You can find out more about what dispute resolution processes are available in your province or territory by visiting their government websites.

Costs of Mediation

Reviewing, monitoring and changing the parenting plan

It is likely that as your children grow older and their needs and your circumstances change, you may have to make changes to your parenting plan. Remember, if you're thinking about making changes, it's advisable to discuss the issues and show your draft amended parenting plan to a legal adviser before you sign it, to ensure that you understand your legal rights and responsibilities. This is particularly important if the terms of your parenting plan are a part of a formal separation agreement or have been included in a court order, as those documents will need to be updated to make the changes legally enforceable.

First parenting plan review

To make sure your parenting plan is working for your child and is practical for you and the other parent, you may want to include a provision for a “first review .” This would set a specific time for you to meet to discuss the parenting plan and how it's working. You may also wish to seek the input of your child about how the parenting plan is meeting their individual needs. If you decide that you need to make changes, you could go over them at a first review meeting. If you want to include a provision for a first review, it's important to allow enough time to try out the parenting arrangement first. For example, you may decide to meet after three months.

Natural breaks in the year are often good times to start or end a new arrangement. The end of the school year, the end of the summer or major school breaks are good times to make changes.

Note: If you decide to include a first review in your parenting plan, but for some reason the parenting arrangement is not working and you end up in court, the judge may be reluctant to change a "trial" parenting arrangement that the court finds is working to your child ’s benefit. The courts are concerned about stability for children and will only change parenting arrangements if there is a good reason and it's in the best interests of the child.

Regular parent meetings

Children need different things from you at different ages and stages of development, and their schedules will change as they grow. This is especially true as children become more involved in activities. The younger your child is at the time of your separation or divorce, the more you can expect that their needs will change over time. You may need to adjust your parenting plan. Think about whether your parenting plan should include a provision that you and the other parent meet regularly to look at the parenting plan and how it's working for your children.

Unanticipated changes

Sometimes, you may have changes in your life that you didn't expect when you wrote your parenting plan. Even if you decide to hold regular meetings with the other parent, issues may come up between meetings. For example, if one of you has a new work schedule, you may need to change your parenting plan. It's a good idea to decide how you will address these types of changes.