Navigating Parenting Plans After Separation in Ontario

18 Dec Navigating Parenting Plans After Separation in Ontario

Separating from a partner is never easy, especially when children are involved. In Ontario, the law has shifted toward a clearer, more child-focused approach to co-parenting, and parenting plans now play a central role in determining how separated parents share responsibilities. Whether you are beginning the separation process or revisiting existing arrangements, understanding how parenting plans work can help you make informed, confident decisions that support your child’s well-being.

Parenting Plans: Now the Legal Standard in Ontario

In recent years, Ontario family law has moved away from terms like “custody” and “access” and toward language which better reflects modern co-parenting. Parenting plans are now the legal standard for outlining how parents will care for their children after separation. Under both the Divorce Act (as amended in 2021) and Ontario’s Children’s Law Reform Act, the focus is on parenting time and decision-making responsibility.

The shift emphasizes cooperation, transparency, and the best interests of the child. Rather than framing parenting in win-lose terms, parenting plans encourage parents to work together to create a detailed practical roadmap for raising their children across two homes. Judges, mediators, and lawyers all now treat parenting plans as the preferred tool for resolving co-parenting matters.

What Parenting Plans Typically Include

A well-structured parenting plan addresses not just who the child will spend time with, but now parents will communicate and make decisions. While every plan can be tailored to suit the family’s unique situation, most parenting plans cover:

• Parenting Time Schedules: Including weekdays, weekends, holidays, school breaks, and special occasions.
• Decision-Making Responsibilities: How major decisions – such as those relating to education, medical care, religion, and extracurricular activities – will be handled accordingly.
• Communication Rules: Preferred communication methods between parents (e.g., email, parenting apps) and how information about the child will be shared.
• Transportation and Exchanges: Where hand-offs occur, who drives, and what happens if someone is running late.
• Travel Arrangements: Requirements for out-of-province trips or extended vacations.
• Dispute-Resolution Methods: Steps parents will follow if disagreements arise, often including negotiation, mediation, or counselling before turning to court.
• Day-to-Day Parenting Expectations: Everything from bedtime routines to screen-time guidelines if consistency is important to the child.

The more detailed the plan, the easier it is for both parents to avoid misunderstandings and maintain stability for their child.

How Parenting Plans Are Approved by Ontario Courts

When parents reach an agreement on their own – whether through negotiation, mediation, or collaborative law – they can submit their parenting plan to the court as part of a parenting agreement or separation agreement. A judge will review the plan to ensure it aligns with the child’s best interests.

Courts typically approve parenting plans when:

• They are fair, practical, and child-focused
• Both parents voluntarily agree to the terms
• The plan reflects a safe and stable environment for the child
• Decision-making and parenting time are clearly outlined

If the parents are divorcing, the plan is incorporated into a parenting order under the Divorce Act. For unmarried parents, it may become part of a parenting order under the Children’s Law Reform Act. 

Courts generally respect the parents’ autonomy – meaning if both parties agree, the judge will rarely make changes unless something clearly does not serve the child’s best interests.

What Happens If Parents Disagree?

Disagreements are common, especially during or shortly after separation. If parents cannot agree on the terms of a parenting plan, several steps can follow:

1. Negotiation or Mediation: Most families attempt mediation first. A neutral mediator helps parents find common ground without going to court. 
2. Parenting Coordination: A parenting coordinator can assist with implementing an existing plan and resolving ongoing disputes through guidance and structured communication. 
3. Court Intervention: If agreement is still possible, a judge may step in. The court will consider evidence, hear from both parents, and ultimately create a parenting order based strictly on the child’s best interests. 
4. Assessments or Reports: In some cases, the court may request a professional assessment from the Office of the Children’s Lawyer or a private clinician to better understand the family dynamics. 

When conflict is high, the court’s priority is always the child. Judges can impose temporary or final parenting orders to ensure the child maintains stability and meaningful relationships with each parent.

Navigating co-parenting after separation can feel overwhelming – but understanding parenting plans helps reduce conflict, support stability, and keep the focus on what matters most: your child’s well-being. If you need guidance creating a parenting plan or resolving a dispute, the family law team at Stewart Esten in Barrie is here to help. Our lawyers can explain your rights, review your options, and support you through every step of the process. Reaching out early can make all the difference in establishing a clear, cooperative path forward for your family.