Understanding Ontario Parenting Arrangements

07 Jun Understanding Ontario Parenting Arrangements

When a couple decides to separate or get divorced and has children, a clear and comprehensive parenting plan is essential. This plan outlines the arrangements for the care and upbringing of the children, including how you will decide on education, health, where the children will live and the division of time with each parent.

It will also address how you will work to resolve any differences in opinion on events and issues that may arise in the future. Some of the main elements it will address include who is responsible for making decisions regarding the child, and what amount of parenting time each parentential figure will have.

Decision-Making Responsibility

There are different types of parenting arrangements, with decision-making responsibility referring to the right to make significant decisions regarding a child’s life and well-being relating to:

• health
• education
• religion
• other important matters with respect to the child

A child’s decision-making responsibility can be assigned to one or more parents or non-parents, such as grandparents, through a separation agreement or court order.

Sole Decision-Making Responsibility

Previously referred to in Ontario as sole custody, in this situation one parent has primary decision-making authority and responsibility for the child’s care and upbringing. The other parent may still have parenting time but does not have decision-making authority regarding the child’s upbringing.

Joint Decision-Making Responsibility

This situation under the now-updated Divorce Act was referred to as joint custody. It involves parents sharing decision-making authority and responsibility for the child’s upbringing. This means that major decisions regarding the child’s education, health care, and general welfare are made jointly by both parents, exclusive of the living arrangement.

De Facto Decision-Making Responsibility

When your children live with you, but you don’t have a set legal agreement, you have de facto decision-making responsibility.

You have de facto decision-making responsibility if: a) you and your spouse live separately and your children live with you full-time, and b) all parties have agreed to this arrangement.

This means that the other parental figure is not authorized to make any decisions unless a court order or separation agreement allows them to do so. It can be difficult to enforce your decision-making rights if there is no clear agreement in place.

It is important to note that custody arrangements can vary depending on the specific circumstances of each case. The primary consideration in determining custody arrangements in Ontario is what is in the child’s best interests.

Parenting Time

Parenting time is the period during which your child is under your care, regardless of whether the child is physically with you (daycare, school, for example).

Parents can apply for parenting time, and non-parents can apply for a contact order.

This arrangement can be written in detail in your parenting plan, separation agreement or within a court order. It can define parenting time specifically (for example, every other weekend), or can be more open to allow for a more flexible arrangement.

Creating a Parenting Plan

Creating a parenting plan in Ontario involves several vital steps to ensure that the child’s best interests are prioritized while addressing the needs and schedules of both parents. 

To co-parent successfully, parental figures should communicate openly and negotiate a detailed schedule, including weekdays, weekends, holidays, and vacations. The plan should outline important decisions regarding the child’s life, such as education, healthcare, and religion. Flexibility is crucial, as children’s needs and circumstances may change.

Seeking guidance from legal professionals experienced in family law can also be beneficial in creating a comprehensive and mutually agreeable parenting plan that meets the family’s unique needs.

Negotiating an Agreement

Negotiating and drafting the agreement involves thoroughly discussing each aspect of the parenting plan to ensure both parents are satisfied and the child’s best interests are upheld. Once agreements are reached, it’s crucial to accurately document the terms in a written contract, ensuring clarity and specificity to avoid misunderstandings or disputes in the future.

Ensuring a Healthy Co-Parenting Relationship

Ensuring a healthy co-parenting relationship involves prioritizing effective communication, mutual respect, and parental cooperation. Setting aside differences, focusing on the children’s well-being, and consistently adhering to agreed-upon parenting plans are essential for fostering a positive co-parenting dynamic.

Addressing Disputes and Conflict Resolution

When disputes arise during the creation or implementation of a parenting plan in Ontario, parents are encouraged to prioritize the child’s best interests and seek resolution through mediation or negotiation. If necessary, involving legal professionals or family court services can guide and assist in resolving conflicts fairly and equitably.

The Role of Mediation and Court Intervention

In Ontario, mediation plays a significant role in resolving disputes regarding parenting arrangements. Mediation allows parents to work with a neutral third-party mediator who helps facilitate communication and negotiation, aiming to reach a mutually acceptable agreement. 

Court intervention may become necessary if mediation is unsuccessful or significant disagreements cannot be resolved outside of court. In such cases, a judge will make decisions regarding decision-making roles, parenting time and more, based on the child’s best interests, considering the information presented by both parties and any recommendations from family law professionals.

Stewart Esten Family Law

In navigating the complexities of family law, it’s crucial to seek guidance from experienced professionals who understand the nuances. 

At Stewart Esten, our team of dedicated family law experts is here to support you through every step of the process. Whether you’re facing challenges creating a parenting agreement or need assistance resolving disputes, we’re committed to providing personalized solutions tailored to your unique circumstances. 

Contact us today to learn more about how we can help safeguard your children’s well-being and ensure their best interests are protected.