Parenting Plan in Ontario: What Should Be Included After Separation this year?

When a relationship ends and children are involved, one of the most important things parents can do — for themselves and for their kids — is create a clear, thoughtful parenting plan.

Not because it’s required by law. Not because a lawyer told them to. But because children need to know what their lives are going to look like. They need predictability, consistency, and the reassurance that both of their parents have sat down and made a plan — together — with them at the centre of it.

A parenting plan is that plan. And getting it right matters more than most parents initially realize.

This guide explains what a parenting plan is under Ontario law, what it must include to be legally effective, what it should include to actually work for your family, and how mediation through Separation Pathways can help you create one without the cost and conflict of court.

What This Guide Covers

• What a parenting plan is — and what it isn’t
• The legal framework in Ontario
• What every parenting plan must address
• What a strong parenting plan also includes
• A section-by-section parenting plan template
• How parenting plans are enforced
• How to create a parenting plan when you don’t agree
• Frequently asked questions
• How Separation Pathways can help

 

What Is a Parenting Plan — and What Isn’t It?

A parenting plan is a written document that sets out how separated or divorced parents will share the responsibilities of raising their children. It covers where the children will live, when each parent will have time with them, how major decisions about their lives will be made, and how parents will communicate and resolve disagreements going forward.

A parenting plan is not a custody order. It is not a legal judgment handed down by a court. It is an agreement — one that both parents create, own, and commit to. That distinction matters, because agreements that parents build together are far more durable than orders that courts impose.

Research from family law and child development consistently shows that children whose parents develop cooperative parenting plans — rather than fighting for court orders — experience less anxiety, adjust more quickly to family change, and maintain stronger relationships with both parents over time.

Key distinction: A parenting plan becomes legally binding when it is incorporated into a separation agreement and signed by both parties. At that point, it carries the same legal weight as a court order — and can be enforced as one.

 

Who Needs a Parenting Plan?

Any separated parents with children under 18 benefit from a parenting plan — whether they were married, common-law, or simply together. The process of creating one helps both parents get clear on their expectations, reduces the likelihood of future conflict, and gives their children a stable foundation during a period of significant change.

You need a parenting plan whether your separation is relatively amicable or deeply conflicted. In fact, the higher the conflict between parents, the more important a detailed, specific parenting plan becomes — because the more ambiguity there is, the more opportunity there is for ongoing disputes that pull children into the middle.

 

The Legal Framework in Ontario

Ontario’s approach to parenting after separation is governed primarily by two pieces of legislation: the federal Divorce Act (for married couples) and Ontario’s Children’s Law Reform Act (CLRA) (for all parents, married or not). Both were significantly updated in 2021, introducing new terminology and a clearer framework for parenting arrangements.

The New Language: Decision-Making and Parenting Time

The 2021 reforms replaced the old language of ‘custody’ and ‘access’ with two more precise concepts:

• Decision-making responsibility refers to who has the authority to make major decisions about a child’s education, healthcare, religious upbringing, and extracurricular activities. It can be shared jointly between both parents, or held solely by one.
• Parenting time refers to the time a child spends in the care of each parent. Both parents can have parenting time, even if one parent has sole decision-making responsibility.

Your parenting plan should address both of these dimensions clearly and specifically.

The Governing Standard: Best Interests of the Child

Every parenting decision in Ontario — whether made by parents in mediation or by a judge in court — must be guided by the best interests of the child. Under the updated Divorce Act, this standard now includes explicit consideration of factors such as:

• The child’s physical, emotional, and psychological needs
• The nature and strength of the child’s relationship with each parent
• Each parent’s willingness to support the child’s relationship with the other parent
• The history of care — who has been the primary caregiver
• Any history of family violence or coercive control
• The child’s cultural, linguistic, and religious background
• The child’s own views and preferences, given appropriate weight

Important: If your parenting plan is ever reviewed by a court — whether for incorporation into an order, or because of a later dispute — a judge will assess it against the best interests of the child standard. Plans that are clearly child-focused hold up far better under scrutiny.

 

What Every Parenting Plan Must Address

A legally effective parenting plan needs to address several core areas without ambiguity. Vague language — ‘reasonable access’ or ‘as agreed between the parties’ — is the single most common reason parenting plans fail. Courts have repeatedly noted that imprecise plans invite conflict rather than preventing it.

Here is what your parenting plan must address:

1. Primary Residence

Where will the children primarily live? This should be stated clearly — including the specific address or at least the city. If children will move between two homes on a regular schedule, that schedule should be detailed precisely. Do not leave this open-ended.

2. Regular Parenting Time Schedule

What does the week-to-week parenting schedule look like? This should specify:

• Which days the children are with each parent
• What time exchanges happen and where
• Whether there is a mid-week visit or overnight with the other parent
• What happens on school professional development days and unexpected days off

The more specific this section is, the less room there is for ongoing dispute. Many parenting plans use a visual calendar format in an appendix to illustrate the schedule clearly.

3. Holiday, Birthday, and Special Occasion Schedule

This is one of the most common sources of conflict in parenting plans that don’t address it clearly. Your plan should specify how the following will be handled each year:

• Statutory holidays (Family Day, Easter, Victoria Day, Canada Day, Labour Day, Thanksgiving, Remembrance Day, Christmas, New Year’s)
• Each parent’s birthday
• Each child’s birthday
• Mother’s Day and Father’s Day
• School March Break
• Summer vacation
• Religious or cultural holidays significant to your family

Many families alternate holidays on a year-on / year-off basis, or split them by specific days (e.g., one parent always has Christmas Eve, the other always has Christmas Day). What matters is that the approach is explicit, so neither parent has to guess — or negotiate anew every year.

4. Decision-Making Responsibility

Your plan should clearly state whether decision-making will be joint (both parents must consult and agree) or sole (one parent decides). It should also specify:

• Which categories of decisions this covers: healthcare, education, religion, extracurricular activities
• How joint decisions will be made in practice — what consultation looks like, and what happens if parents cannot agree
• Whether there are any categories where one parent has primary decision-making authority (for example, day-to-day decisions during each parent’s parenting time)

5. Communication Between Parents

How will the parents communicate about the children? This section should address:

• Preferred communication method (email, text, a co-parenting app)
• Expected response time for non-urgent communications
• How urgent situations will be handled
• How information about the children (school reports, medical updates) will be shared

Many families find that using a dedicated co-parenting app — such as OurFamilyWizard or TalkingParents — reduces conflict significantly because all communications are documented and kept in one place.

6. Children’s Communication With the Other Parent

When the children are with one parent, how and when can they communicate with the other? This section should address:

• Whether children can call or message the other parent freely
• Reasonable hours for contact (to avoid disruption to bedtime or school)
• Access to devices for video calls

The guiding principle here is that children should always feel free to maintain their relationship with both parents — not feel that they need to hide it or ask permission.

7. Travel and Relocation

Your plan should address what happens when a parent wants to travel with the children — both within Canada and internationally. Specifically:

• What notice must be given before domestic travel?
• What documentation is required for international travel (many countries require a signed consent letter from the non-travelling parent)?
• What happens if one parent wants to relocate with the children — what notice is required, and what process will be followed?

Relocation is one of the most contentious issues in family law, and it deserves specific attention in your parenting plan. Under the updated Divorce Act, a parent who wishes to relocate with a child must provide at least 60 days’ written notice to the other parent.

8. Dispute Resolution

What happens when the parents disagree about an aspect of the parenting plan? Your plan should specify a process for resolving disputes before either party goes to court. A common approach is:

1. Direct negotiation between parents first
2. Mediation through a qualified family mediator if direct negotiation fails
3. Parenting coordination if the conflict is ongoing and specific
4. Court application as a last resort

Including a dispute resolution clause in your parenting plan significantly reduces the likelihood that every disagreement becomes a legal proceeding.

What a Strong Parenting Plan Also Includes

Beyond the legally required elements, the strongest parenting plans go further — anticipating situations that commonly arise and addressing them proactively. These additional provisions are what separate a parenting plan that simply exists from one that actually works.

• Child Support

While child support is technically a separate legal obligation — governed by the Federal Child Support Guidelines — it is practical to address it within or alongside your parenting plan. Your plan should acknowledge the child support arrangements in place, and specify what happens if either parent’s income changes significantly.

• Medical and Emergency Decisions

What happens if a child needs emergency medical care during one parent’s parenting time? Your plan should confirm that the parent with the child at that time has authority to consent to emergency treatment, and should require that the other parent be notified promptly. Both parents’ health card numbers and emergency contact information should be kept updated and shared.

• Extracurricular Activities

How will decisions about the children’s extracurricular activities be made? Who pays for them? What happens if an activity falls during the other parent’s parenting time — is that parent expected to facilitate it? These questions generate significant ongoing conflict when they are not addressed up front.

• Introduction of New Partners

Many parenting plans include a provision about when and how a parent’s new romantic partner will be introduced to the children. This is a sensitive area, but addressing it calmly and thoughtfully in the plan — rather than reactively when the situation arises — reduces the potential for conflict.

• Social Media and Privacy

In the digital age, parents increasingly disagree about what can be posted about the children online. A parenting plan can include a simple agreement about social media: for example, that neither parent will post images or information about the children without the other parent’s consent, or that certain events will not be posted publicly.

• Review and Update Process

Children grow, circumstances change, and what works for a four-year-old does not work for a fourteen-year-old. Your parenting plan should include a provision for periodic review — many families choose to formally revisit the plan every two years, or when a significant change occurs in either parent’s life or the child’s needs.

A parenting plan is a living document. Building in a regular review process from the start means that changes happen through conversation and agreement — not through conflict and court applications.

 

Parenting Plan Template — Section by Section

The following overview summarizes the core sections of a complete Ontario parenting plan. This is a guide, not a legal form — your specific plan should be drafted with professional support to ensure it is legally sound and tailored to your family’s circumstances.

 

Section	What It Covers	Key Questions to Answer
Children’s Information	Names, ages, and current residence of all children	Who are the children? Where do they currently live?
Primary Residence	Where children primarily live after separation	Which address? When does this take effect?
Regular Parenting Schedule	Week-to-week time with each parent	Which days? What times? Where do exchanges happen?
Holiday Schedule	All statutory and family holidays, school breaks	Who has the children for which holidays each year?
Decision-Making	Joint or sole decision-making; categories covered	Who decides on education, healthcare, religion?
Parent Communication	How and when parents communicate about children	Which platform? What response time? Urgent situations?
Children’s Communication	How children contact the other parent	When can they call? Are devices provided?
Travel & Relocation	Domestic travel, international travel, moving	What notice is required? What documentation?
Child Support	Financial support for children’s needs	What amount? How paid? What if income changes?
Medical & Emergencies	Healthcare decisions and emergency consent	Who can consent to treatment? How is the other parent notified?
Extracurriculars	Activities, costs, and scheduling	Who decides? Who pays? What if it falls on the other parent’s time?
Dispute Resolution	How disagreements will be handled	Mediation first? What is the escalation process?
Plan Review	When and how the plan will be updated	Annual review? Triggered by specific events?

 

How Is a Parenting Plan Enforced in Ontario?

A parenting plan on its own — as a document both parents have signed — carries moral and practical weight, but it is not automatically enforceable as a court order. To give your parenting plan full legal enforceability, it should be incorporated into a formal separation agreement or domestic contract, which can then be filed with the court.

Separation Agreement

A separation agreement is a legally binding contract between separating spouses or partners that sets out their rights and obligations — including parenting arrangements. When your parenting plan is included in a separation agreement and both parties sign it before an independent witness, it becomes a domestic contract under Ontario’s Family Law Act.

To be valid and enforceable, a separation agreement should be:

• Signed voluntarily by both parties — not under duress
• Signed in front of a witness (who is not one of the parties)
• Based on full financial disclosure — each party should have disclosed their financial situation honestly
• Reviewed by independent legal counsel — while not strictly required, independent legal advice for each party significantly reduces the risk of a later challenge

What Happens If One Parent Doesn’t Follow the Plan?

If a parenting plan is incorporated into a separation agreement or court order and one parent consistently fails to follow it — refusing to facilitate parenting time, withholding the children, or unilaterally changing the schedule — the other parent has legal recourse:

• Motion to enforce: The non-complying parent can be brought back to court on a motion to enforce the agreement or order
• Costs: Courts can order the non-complying party to pay the other parent’s legal costs
• Contempt: In serious cases, a parent who repeatedly and wilfully defies a parenting order can be found in contempt of court
• Remedies: The court can order make-up parenting time, impose conditions on future parenting time, or in extreme cases, vary the parenting arrangement to reflect the breach

This is why precision matters. A plan that says ‘reasonable parenting time’ cannot be enforced, because ‘reasonable’ is undefined. A plan that specifies exactly when, where, and how parenting time occurs gives both parents — and any court — a clear standard to measure compliance against.

Practical note: Before pursuing enforcement through court, consider whether mediation or parenting coordination could resolve the issue faster and at lower cost. Courts generally prefer that parents attempt dispute resolution before bringing a motion.

 

How to Create a Parenting Plan When You Don’t Agree

The most common reason parents struggle to create a parenting plan is not that they don’t care about their children — it’s that they are in pain, and pain makes communication difficult. Separation is one of the most stressful life events a person can experience, and it is entirely normal to find it hard to sit across from your former partner and make rational, child-focused decisions.

This is precisely where professional support makes the difference.

Family Mediation: The Most Effective Path for Most Families

Family mediation is a structured process in which a trained, neutral mediator helps separating parents work through their disagreements and reach agreements — including a parenting plan — that both can commit to. The mediator does not take sides, does not make decisions, and does not give legal advice. They facilitate a process that allows both parents to be heard, to understand each other’s perspective, and to find common ground.

At Separation Pathways, our mediators bring together expertise in Ontario family law, child development, and conflict resolution. We have sat across the table from thousands of parents — including many who were convinced they could never agree — and helped them create parenting plans that genuinely worked.

Why Mediation Produces Better Parenting Plans

Parents who create their own parenting plan through mediation — rather than having one imposed by a court — tend to follow it better, because they built it. They understood the trade-offs. They made the choices. And they are more likely to return to the process when circumstances change, rather than immediately returning to court.

Research consistently shows that mediated agreements in family matters produce:

• Higher rates of compliance from both parties
• Lower rates of return to court for enforcement or variation
• Less ongoing conflict between parents
• Better outcomes for children — including emotional wellbeing and academic performance

When Direct Negotiation Isn’t Working

If you and the other parent have tried to discuss parenting arrangements and it has not gone well — if conversations escalate, if one parent is being unreasonable, or if you simply cannot get through a conversation without it becoming about the two of you rather than the children — mediation provides a structured, professionally managed alternative.

The presence of a skilled mediator changes the dynamic. Parents who cannot speak directly to each other can often speak through a mediator. Positions that seem entrenched in direct negotiation often soften when someone asks the right questions in the right way.

What Mediation at Separation Pathways Looks Like

Our parenting mediation process at Separation Pathways typically involves:

5. An initial intake and screening meeting — to understand your situation, assess whether mediation is appropriate, and explain the process
6. A Separation Planning Meeting ($399 / couple) — the second step on your Separation Pathway. After completing the online intake, each of you meets individually with a mediator for 30 minutes, followed by a 1-hour joint session. Your mediator — matched to your specific issues — will help you understand the issues you want to address, prepare the documents you will need, and determine the dispute resolution approach most likely to work for your family. You also get to take the mediator for a test drive. After the meeting, you receive a personalized separation plan highlighting the best mediation package for you, the documents to gather, and any referrals needed
7. Mediation sessions — structured conversations focused on the specific parenting issues you need to resolve, guided by your mediator
8. A Memorandum of Understanding — once agreement is reached, your mediator will document the terms in a clear, written summary
9. Legal review — we recommend each party have the MOU reviewed by independent legal counsel before signing a final separation agreement
10. A final separation agreement — incorporating your parenting plan, signed and legally binding

The entire process typically takes four to twelve weeks, depending on the number and complexity of issues. Most families are surprised at how much can be resolved — and how much more peacefully — than they expected.

 

Frequently Asked Questions

• Does a parenting plan need to be approved by a court?

No — a parenting plan does not need to be approved by a court to be valid between the parties. However, if you want it to be enforceable as a court order, it can be filed with the court as a consent order. Many families prefer to keep their parenting plan in a private separation agreement rather than making it a court document, unless there are specific reasons to involve the court.

• What if one parent refuses to participate in creating a parenting plan?

If one parent refuses to participate in mediation or any form of cooperative planning, the other parent can apply to the Ontario Court of Justice or Superior Court of Justice for a parenting order. The court will then make decisions about the children’s arrangements based on the best interests of the child standard. This process is more expensive and adversarial, which is why most courts encourage — and in some cases require — parties to attempt mediation first.

• Can we change the parenting plan after it’s signed?

Yes. Parenting plans can be changed at any time if both parties agree. If one party wants to change the plan but the other does not, the party seeking the change would need to either negotiate an amendment, go through mediation, or apply to the court to vary the existing order — showing that there has been a material change in circumstances since the original plan was made.

• What if we have a parenting plan but one parent keeps breaking it?

If the parenting plan is incorporated into a separation agreement or court order, you have legal remedies. The first step is always to try to resolve the issue directly or through mediation. If that fails, you can bring a motion before the court to enforce the agreement and, if appropriate, seek make-up parenting time, costs, or other remedies.

• Do children have a say in the parenting plan?

Children’s views and preferences are taken into account in the parenting planning process, particularly for older and more mature children. In mediation, some mediators offer to conduct a Voice of the Child consultation — a separate meeting with the child to understand their perspective, which is then shared with both parents (with appropriate safeguards). Children do not make the final decisions, but their voices matter and should be heard.

• How detailed does the parenting plan have to be?

In our experience, more detail is almost always better than less. The families who come back to us with ongoing conflicts are typically the ones with vague plans — ‘we’ll figure it out as we go’ is a common refrain that almost always leads to more conflict, not less. You cannot anticipate every situation, but you can address the most common ones specifically and create a clear process for dealing with the unexpected.

• What is the difference between a parenting plan and a co-parenting agreement?

These terms are often used interchangeably. In Ontario, a ‘parenting plan’ is the more common legal term, particularly following the 2021 legislative changes. Some families use ‘co-parenting agreement’ to refer to the same document. The key is that it is comprehensive, specific, and incorporated into a legally binding separation agreement.

• How much does it cost to create a parenting plan through Separation Pathways?

The cost depends on the complexity of your situation and the number of mediation sessions required. Most families creating a parenting plan through Separation Pathways complete the process within our fixed-cost parenting mediation package. We believe that the cost of getting a parenting plan right is always significantly less than the cost — financially and emotionally — of getting it wrong and returning to dispute.

 

Key Takeaways

Creating a strong parenting plan is one of the most important things you can do for your children through the process of separation. Here are the most important points to carry forward:

• A parenting plan is a written agreement that sets out how separated parents will share the responsibilities of raising their children — including where the children live, the parenting schedule, how decisions are made, and how disputes will be resolved.
• Under Ontario law, the relevant concepts are now decision-making responsibility and parenting time — not custody and access. Your plan should use this updated language.
• Every parenting decision must be guided by the best interests of the child. A strong parenting plan reflects this principle in every section.
• Vague plans invite conflict. The more specific your parenting plan is — about schedules, holidays, communication, decision-making, and dispute resolution — the less likely it is to generate ongoing disputes.
• A parenting plan becomes legally binding when incorporated into a signed separation agreement. Without this step, it has moral weight but limited legal enforceability.
• Mediation is the most effective way for most Ontario families to create a parenting plan — faster, less expensive, and producing agreements that parents actually follow.
• A parenting plan is not permanent. Build in a review process so that it can evolve as your children grow and your circumstances change.

 

Ready to Create Your Parenting Plan?

At Separation Pathways, we have helped thousands of Ontario families create parenting plans that truly work — plans built on clarity, mutual respect, and the wellbeing of their children.

Your first step is a Separation Planning Meeting — a structured, two-part session where each of you meets individually with a mediator for 30 minutes, followed by a 1-hour joint session together. Your mediator is matched to your specific issues and will help you understand what you need to address, prepare the right documents, and identify the mediation approach most likely to work for your family. It is also an opportunity to see whether the mediator is the right fit before committing to a full package. After the meeting, you receive a personalized separation plan — including the recommended mediation package, a document checklist, and any referrals needed. All of this for a fixed cost of $399 per couple.

Start with a Separation Planning Meeting: $399 | info@separationpathways.ca

Serving all of Ontario. Virtual sessions available.

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Family law is complex and fact-specific. If you have a specific legal matter, please consult with a qualified family lawyer licensed to practise in Ontario. Separation Pathways provides mediation and dispute resolution services; our mediators are not your legal representatives.