A parenting plan in Manitoba is a written agreement that sets out parenting time, decision-making responsibility, and dispute resolution for children after separation. Under The Family Law Act, C.C.S.M. c. F20, s. 38, Manitoba courts must incorporate a written parenting plan into a parenting order unless it is not in the child's best interests. Drafting one costs $0; the divorce filing fee is $200.
Manitoba abolished the words "custody" and "access" on July 1, 2023, when The Family Law Act came into force. Courts now make parenting orders allocating parenting time and decision-making responsibility. This guide explains how to build a parenting plan Manitoba courts will approve, what the law requires, the costs involved, and the steps to formalize your agreement in the Court of King's Bench, Family Division.
Key Facts: Parenting Plans in Manitoba
| Item | Detail |
|---|---|
| Cost to draft a parenting plan | $0 (parents draft it themselves or with a mediator/lawyer) |
| Divorce filing fee | $200 to the Court of King's Bench (includes Central Divorce Registry search) |
| Waiting period after judgment | 31 days before divorce becomes final |
| Residency requirement | One spouse ordinarily resident in Manitoba for 12 continuous months (Divorce Act § 3(1)) |
| Grounds for divorce | One-year separation, adultery, or cruelty (Divorce Act § 8) |
| Governing statutes | Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) and Family Law Act, C.C.S.M. c. F20 |
| Decision-making categories | Health, education, culture/religion, significant extracurricular activities |
| Mandatory program | "For the Sake of the Children" (Court of King's Bench Rule 70) |
As of May 2026. Verify all filing fees with your local Court of King's Bench registry.
What Is a Parenting Plan in Manitoba?
A parenting plan in Manitoba is a written document detailing how separated parents will raise their children, covering parenting time schedules, decision-making responsibility, holiday arrangements, communication methods, and dispute resolution. The plan costs $0 to draft yourself. Under Family Law Act § 38, Manitoba courts must incorporate a written parenting plan agreement into a parenting order unless doing so is not in the child's best interests.
The Family Law Act defines a "parenting plan agreement" as a document, or part of a document, that contains the elements relating to parenting time, decision-making responsibility, or contact to which the parties agree. Manitoba courts strongly encourage parents to create their own plans through negotiation or mediation rather than have a judge impose terms. A well-built parenting plan Manitoba parents agree on becomes legally enforceable once incorporated into a parenting order, giving both parents certainty about schedules and responsibilities while keeping decisions out of an adversarial courtroom process.
A parenting plan applies whether parents were married or not. The Divorce Act applies only to married parents seeking a divorce, while the Family Law Act applies to all parents in Manitoba regardless of marital status. This dual framework means an unmarried couple can build the same custody agreement structure as a divorcing couple, relying on the provincial statute instead of the federal one.
What the Law Requires: Divorce Act and Family Law Act
Manitoba parenting arrangements are governed by two statutes that work together: the federal Divorce Act and the provincial Family Law Act. Under Divorce Act § 16(1) and Family Law Act § 35, the child's best interests is the only consideration when a court makes a parenting order. Both statutes give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being.
The Family Law Act, C.C.S.M. c. F20, came into force on July 1, 2023, enacted by SM 2022, c. 15, Sch. A. It replaced the older Family Maintenance Act and abolished the terms "custody" and "access." The corresponding federal amendments to the Divorce Act took effect March 1, 2021. Under Family Law Act § 37, a court issues a parenting order that allocates parenting time (when a child is in each parent's care) and decision-making responsibility (who makes major decisions). Under Family Law Act § 36, parents have joint rights to exercise parental responsibilities unless a parenting order specifies otherwise or the parents never lived together after the child's birth.
The best interests standard under Family Law Act § 35 uses an open-ended list of factors. Courts weigh the child's needs given their age and stage of development, the nature of each parent's relationship with the child, each parent's willingness to support the child's relationship with the other parent, any history of family violence, and the child's views and preferences where appropriate. No single factor is decisive; the child's safety always receives primary consideration.
What to Include in Your Parenting Plan
A strong parenting plan Manitoba courts will approve addresses both parenting time and decision-making responsibility in concrete, dated detail. Vague plans invite future conflict. Specific plans — naming exact pickup times, locations, and decision categories — reduce disputes by giving each parent clear expectations. Justice Canada offers a free checklist and interactive tool, and the Manitoba "For the Sake of the Children" program provides templates to build a child-focused plan.
Every parenting plan should address the following elements. Each item below represents a decision point parents must resolve before the document is complete:
- Parenting time schedule: the regular weekly or biweekly rotation showing where the child lives each day and night
- Holiday and special occasion schedule: how birthdays, statutory holidays, school breaks, and cultural or religious occasions are divided
- Decision-making responsibility: whether decisions about health, education, culture/religion, and significant extracurricular activities are shared or sole
- Communication method: how parents will exchange information (email, co-parenting app, shared calendar)
- Transportation and exchanges: who handles pickup and drop-off, at what time, and at which location
- Dispute resolution: the process (mediation, parenting coordinator, or a designated tiebreaker) before returning to court
- Relocation and travel: notice requirements if a parent intends to move or travel internationally with the child
The more precisely a parenting plan defines a co-parenting schedule, the less room remains for disagreement. A parenting time schedule that states "Parent A has the child from Friday 5:00 p.m. to Monday 8:00 a.m. on alternating weekends" is enforceable; a plan that says "reasonable parenting time" is not.
Shared vs. Sole Decision-Making Responsibility
Decision-making responsibility in Manitoba can be shared (both parents jointly) or sole (one parent exclusively) across four domains: health, education, culture/religion, and significant extracurricular activities. Under the Divorce Act and Family Law Act § 35, courts presume children benefit from both parents' involvement in major decisions, though this is not automatic — the child's best interests govern every allocation.
Shared decision-making responsibility requires both parents to consult and reach agreement on major decisions. This arrangement works when parents communicate effectively and can cooperate despite separation. Manitoba courts award sole decision-making when evidence shows shared arrangements would not serve the child's best interests — typically in cases involving family violence, substance abuse, parental alienation, or an established pattern of one parent refusing to cooperate. Even without decision-making authority, a parent retains the right to receive school, medical, and other records about their child under Manitoba law.
Day-to-day decisions belong to whichever parent has the child at the time. When the child is in a parent's care, that parent makes routine decisions — meals, bedtime, daily activities — regardless of who holds decision-making responsibility for major matters. Many parenting plans add a tiebreaker mechanism for deadlocked major decisions: parents may designate one parent, a relative, a friend, or a professional such as a parenting coordinator to have the final say, avoiding a return to court.
Parenting Time Schedules and Co-Parenting Arrangements
A parenting time schedule sets out exactly when the child is in each parent's care, expressed in days, nights, and exchange times. Manitoba courts do not impose a default split; the schedule must reflect the child's best interests under Family Law Act § 35. Common arrangements range from equal shared parenting (50/50) to primary parenting time with one parent and defined time with the other.
The best co-parenting schedule depends on the child's age, school location, each parent's work schedule, and the distance between homes. A toddler may need shorter, more frequent transitions to maintain bonds with both parents, while a school-age child often benefits from a stable weekly rotation. The table below compares common Manitoba parenting time schedules:
| Schedule type | Typical split | Best suited for |
|---|---|---|
| Equal shared (week on/week off) | 50/50 | School-age children; parents living close together |
| 2-2-3 rotation | 50/50 | Younger children needing frequent contact |
| Every other weekend + one weeknight | ~70/30 | One parent with primary parenting time |
| Alternating weekends only | ~80/20 | Long-distance parenting; older children |
| Holiday-only / summer block | Varies | Parents in different provinces or countries |
A parenting plan should specify the exact rotation, exchange times, and locations. A visitation schedule that names "Friday 5:00 p.m. exchange at the child's school" prevents the recurring disputes that vague language creates. Build in flexibility for sick days and special events, but anchor the plan in dated, specific terms a court can enforce.
The Mandatory "For the Sake of the Children" Program
Manitoba Court of King's Bench Rule 70 requires all parents requesting or responding to a parenting order application to complete the "For the Sake of the Children" program before a contested parenting matter is heard. The program is free, takes roughly four hours, and is now offered online. Parents must file an Acknowledgment of Completion to prove attendance before the court will hear the matter.
The program, offered by Family Conciliation (a branch of Manitoba Family Services), helps parents understand the legal and emotional aspects of separation and teaches them about children's needs during family transitions. Participants complete each section at their own pace and answer reflective questions applying the lessons to their own situation. Completing the program early — before disputes escalate — often helps parents reach agreement on a parenting plan without further litigation.
Exemptions apply in specific circumstances. You are not required to complete the program if: you or the other parent lives outside Manitoba; you have reached agreement on all parenting terms; there is no response to your petition; you completed the program within the past three years; or you completed a similar program in another jurisdiction. For more information, contact a family guide at GetGuidance@gov.mb.ca or call 204-945-2313 in Winnipeg or 1-844-808-2313 toll-free, including "FTSOTC" in the email subject line.
How to Formalize Your Parenting Plan in Court
To make a parenting plan legally binding in Manitoba, parents file it with the Court of King's Bench, Family Division, where it is incorporated into a parenting order. The divorce filing fee is $200, which includes a Central Divorce Registry search. If parents agree on all terms, they file a Joint Petition (Form 70A.1) with a Joint Petitioner Affidavit (Form 70M.1); a contested matter uses a Petition for Divorce (Form 70A).
Under Family Law Act § 38, the court must incorporate a written parenting plan agreement into the parenting order unless it considers the plan not in the child's best interests, in which case the court may modify it. This statutory respect for parent agreements is the central advantage of building a thorough plan — judges will generally adopt what reasonable parents have negotiated. To file for divorce in Manitoba, at least one spouse must have been ordinarily resident in the province for 12 continuous months immediately before filing, under Divorce Act § 3(1). Canadian citizenship is not required.
Manitoba registries that accept filings are located in Winnipeg, Brandon, Portage la Prairie, Dauphin, The Pas, Thompson, and Flin Flon. Payment is accepted by certified cheque, bank draft, or money order payable to the Minister of Finance, as well as law firm cheque, cash, debit, or credit card in person. After judgment, a minimum 31-day waiting period applies before the divorce becomes legally final. Additional court costs may include $50 to file an Answer, $200 for a Notice of Application, and $50 for each Notice of Motion. As of May 2026; verify with your local clerk.
Family Violence and Safety Considerations
Where there has been intimate partner or family violence, parenting plans require special handling. It is not in a child's best interests to follow a plan in which one parent or the children do not feel safe. Under Family Law Act § 35, Manitoba courts give primary consideration to the child's physical, emotional, and psychological safety, and family violence is a mandatory factor in every best interests analysis.
If there is a history of violence, you should involve a professional counselor, social worker, or mediator experienced in high-conflict separation and intimate partner violence — or a lawyer — before agreeing to any plan or any change. Safety-focused plans may use supervised exchanges, neutral public exchange locations, third-party intermediaries for communication, or supervised parenting time. These mechanisms protect both the child and the at-risk parent while preserving the child's relationship with both parents where safe to do so. If anyone in the home is in immediate danger, call 911. Manitoba operates a confidential 24/7 provincial crisis line at 1-877-977-0007.
How to Modify a Parenting Plan in Manitoba
A parenting plan or parenting order in Manitoba can be changed when there has been a material change in circumstances affecting the child. Under the Divorce Act and Family Law Act § 37, a court will vary a parenting order only if the change serves the child's best interests. Common triggers include a parent's relocation, a change in the child's needs as they age, a new work schedule, or evidence of risk.
Parents who agree on a modification can file a revised parenting plan as a consent variation, which the court incorporates the same way it adopts an original agreement under Family Law Act § 38. This consent route is faster and far less expensive than a contested variation application. If parents disagree, the parent seeking the change must apply to the Court of King's Bench and demonstrate the material change in circumstances; a Notice of Motion costs $50 to file. Mediation through Manitoba's Family Conciliation services often resolves variation disputes before a hearing becomes necessary, and a parenting plan that already names a dispute resolution process can keep the matter out of court entirely.