A parenting plan in Newfoundland and Labrador is a written agreement setting out parenting time, decision-making responsibility, and co-parenting logistics for your child. Under the 2021 Divorce Act and the provincial Children's Law Act, the only legal test is the best interests of the child, with the court giving primary consideration to the child's physical, emotional, and psychological safety.
Key Facts: Parenting Plans in Newfoundland and Labrador
| Item | Detail |
|---|---|
| Filing Fee (divorce originating application) | $130 (includes $10 Central Registry fee under SOR/86-547) |
| Total uncontested divorce cost | $210 ($130 application + $60 judgment + $20 certificate) |
| Waiting Period | 31-day appeal period after divorce judgment before Certificate of Divorce |
| Residency Requirement | One spouse ordinarily resident in NL for 1 year before filing (Divorce Act, R.S.C. 1985, c. 3, s. 3(1)) |
| Governing Law (married parents) | Divorce Act, R.S.C. 1985, c. 3, s. 16 |
| Governing Law (unmarried parents) | Children's Law Act, RSNL 1990, c. C-13 |
| Shared parenting threshold | 40% or more of the year in each parent's care |
| Primary parenting threshold | More than 60% of the year with one parent |
| Relocation notice | 60 days' written notice under Divorce Act s. 16.9 |
Filing fees are as of February 2026. Verify with your local clerk at the Supreme Court of Newfoundland and Labrador registry, as fees change.
What Is a Parenting Plan in Newfoundland and Labrador?
A parenting plan in Newfoundland and Labrador is a written document that sets out how separated or divorcing parents will share parenting time and decision-making responsibility for their child. The plan typically covers the weekly schedule, holidays, drop-off and pick-up arrangements, extracurricular activities, and how major decisions about education, health, and religion will be made. It is governed by Divorce Act, R.S.C. 1985, c. 3, s. 16 for married parents.
The 2021 amendments to the federal Divorce Act, in force since March 1, 2021, replaced the words "custody" and "access" with "parenting time" and "decision-making responsibility." A parenting plan Newfoundland and Labrador parents create now uses this modern terminology. You do not need to go to court to create one. Newfoundland and Labrador courts strongly recommend that parents resolve parenting issues outside court because no one knows the child better than the parents themselves. A well-drafted parenting plan reduces conflict, gives children stability, and can be filed as a consent order under Divorce Act s. 16.8.
The Best Interests of the Child Standard
The best interests of the child is the ONLY consideration when a Newfoundland and Labrador court makes a parenting order, under Divorce Act, R.S.C. 1985, c. 3, s. 16(1). Section 16(2) requires the court to give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being above every other factor. This same standard applies under both federal and provincial law.
Section 16(3) of the Divorce Act lists, for the first time in the federal statute's history, the specific factors a court must weigh. These factors guide every custody agreement and parenting plan in the province. The list is non-exhaustive, meaning a court can consider any factor relevant to the particular child. No single factor outranks another, except the primary safety consideration in section 16(2). The factors a court considers include:
- The child's needs given their age and stage of development, including the need for stability
- The nature and strength of the child's relationship with each parent, siblings, grandparents, and others important to the child
- Each parent's willingness to support the child's relationship with the other parent
- The history of care of the child
- The child's views and preferences, given their age and maturity
- The child's cultural, linguistic, religious, and spiritual upbringing and heritage, including Indigenous heritage
- Any family violence and its impact on parenting ability
- Any civil or criminal proceedings relevant to the child's safety
Under Divorce Act s. 16(5), a court must not consider a parent's past conduct unless it is relevant to that parent's ability to care for the child.
Parenting Time vs. Decision-Making Responsibility
Parenting time and decision-making responsibility are two separate concepts under the 2021 Divorce Act. Parenting time is the period a child spends in the care of a parent, during which that parent makes day-to-day decisions. Decision-making responsibility, governed by Divorce Act s. 16.3, is the authority to make major decisions about the child's education, health, religion, culture, and significant extracurricular activities.
A parenting order can grant sole or shared decision-making responsibility. The two do not have to match: one parent can have the majority of parenting time while both parents share decision-making responsibility equally. Under the Divorce Act, unless a court orders otherwise, day-to-day decisions are made by the parent exercising parenting time at that moment. When you draft a co-parenting schedule, you should specify how major decisions will be made: jointly, by one parent, or split by category (for example, one parent decides on education while both decide on health). Clearly separating these two concepts in your parenting plan prevents future disputes, because each parent knows precisely which decisions they control and which require agreement with the other parent.
How Parenting Time Is Measured: Shared vs. Primary
Newfoundland and Labrador courts classify parenting time into two arrangements based on a percentage threshold. Shared parenting time means the child spends at least 40 percent of the year in each parent's care. Primary parenting time means the child spends more than 60 percent of the year with one parent. This percentage matters because it directly affects how child support is calculated under the Federal Child Support Guidelines.
There is no legal presumption of equal parenting time in Newfoundland and Labrador. Under Divorce Act s. 16(6), the court applies the principle that a child should have as much time with each parent as is consistent with the child's best interests. The Supreme Court of Canada confirmed in Barendregt v. Grebliunas, 2022 SCC 22, that this "parenting time factor" never overrides the child-centric best-interests inquiry. Parliament specifically rejected proposals to create a presumption of 50/50 shared parenting. Courts therefore craft a parenting time schedule tailored to each family's circumstances rather than applying a fixed formula.
| Arrangement | Time With Each Parent | Common Schedule Examples |
|---|---|---|
| Shared parenting | At least 40% of year each (146+ days) | Week-on/week-off; 2-2-3 rotation; alternating weeks |
| Primary parenting | One parent over 60% (219+ days) | Every other weekend plus one weeknight; alternating holidays |
| Split parenting | Siblings divided between homes | Rare; used in specific best-interests cases |
What to Include in Your Parenting Plan
A strong parenting plan in Newfoundland and Labrador addresses both the regular schedule and the practical logistics that cause conflict between parents. Family Justice Services helps parents develop plans that meet legal standards, and section 16.8 of the Divorce Act requires a court to include the terms of an agreed parenting plan in the parenting order unless doing so is not in the child's best interests. The more detailed your plan, the fewer disputes arise.
Your co-parenting schedule should cover these core elements:
- Regular weekly parenting time schedule with specific days and times
- Holiday and special-occasion schedule (Christmas, Easter, birthdays, school breaks)
- Summer vacation arrangements and how each parent reserves blocks of time
- Drop-off and pick-up locations, times, and who is responsible for transportation
- Decision-making responsibility for education, health, religion, and major activities
- Communication methods between parents and between the child and the non-present parent
- Travel notice (commonly 30 to 60 days for out-of-province travel and 90 days for international travel)
- Relocation procedures and the 60-day notice requirement under Divorce Act s. 16.9
- Dispute-resolution method, such as returning to mediation before going to court
- A process for reviewing and updating the plan as the child grows
A visitation schedule that anticipates these scenarios in advance gives both parents certainty and protects the child from being caught in repeated disagreements.
Family Justice Services and Mandatory Mediation
Family Justice Services (FJS) is a free division of the Supreme Court of Newfoundland and Labrador that helps parents resolve parenting and child-support issues outside the courtroom. Attendance at FJS Parent Information Sessions is mandatory whenever a parenting application is filed, and parties are expected to attempt mediation where it is safe to do so. FJS services cost nothing for any Newfoundland and Labrador resident involved in a family law matter.
There are two ways to engage FJS. Parents can apply directly if both consent to the process. Alternatively, when one parent files an Originating Application that raises a parenting issue, the court automatically forwards both parties to FJS. After intake and the mandatory Parent Information Session, an FJS mediator meets with the parties, separately or jointly, to help them reach an agreement. If the parents agree, an order can be filed with the court without anyone attending a hearing. FJS then files a "Note to Court" confirming whether the parties participated in the information session and mediation and whether the dispute was resolved. This process resolves most parenting plan disputes before they ever reach a contested hearing, saving families significant time and legal cost.
Making Your Parenting Plan Legally Binding
A parenting plan in Newfoundland and Labrador becomes a legally enforceable parenting order when it is filed with and approved by the court as a consent order. Parents who agree have two options: keep the agreement private between themselves, or convert it into a consent order under Divorce Act s. 16.8. A consent order is enforceable by the court, while a private agreement is not directly enforceable in the same way.
If you are divorcing, parenting arrangements are handled as "corollary relief" within the divorce proceeding, alongside child support, spousal support, and property division. You file an Originating Application (Form F4.03A), or a Joint Originating Application (Form F4.04A) if both spouses agree, with the Supreme Court of Newfoundland and Labrador. Residents of the St. John's and Corner Brook judicial districts file with the Supreme Court Family Division; all other areas file with the General Division, which has locations in Grand Falls-Windsor, Gander, and Happy Valley-Goose Bay. Only the Supreme Court can grant a divorce and divide matrimonial property, though both the Supreme and Provincial Courts can decide parenting issues. Section 16.8 requires the court to incorporate the terms of an agreed parenting plan into the parenting order unless those terms are not in the child's best interests.
Changing a Parenting Plan: Variation
A parenting order in Newfoundland and Labrador can be changed when there has been a material change in the child's circumstances since the order was made. To vary a parenting order, a parent files an Originating Application for Variation with the Supreme Court, and the matter is again referred to Family Justice Services for mediation before any hearing. The best interests of the child under Divorce Act s. 16 remains the governing test.
A material change is a significant shift that was not foreseen when the original parenting plan was created, such as a parent's relocation, a change in the child's needs as they age, a change in work schedules, or concerns about a child's safety. Minor disagreements do not justify a variation. Because children's needs evolve, many well-drafted parenting plans include a built-in review schedule, for example revisiting the co-parenting schedule every two years or when the child changes schools. A respondent served with a variation application generally has 30 days to file a response if served within Canada or the United States, and 60 days if served elsewhere. Building flexibility and a dispute-resolution clause into your original plan reduces the likelihood of needing a formal court variation.
Relocation and Moving With Your Child
A parent who plans to relocate in a way that significantly affects the child's relationship with the other parent must give 60 days' written notice under Divorce Act, R.S.C. 1985, c. 3, s. 16.9. This notice must set out the expected date of the move, the new address, and a proposal for how parenting time will be reorganized after the relocation. The 60-day notice rule applies to parents subject to the Divorce Act, meaning married or divorcing spouses.
The rules differ for unmarried parents under the provincial Children's Law Act. In those cases, the other parent must agree to the move before the primary parent can relocate with the child, and that consent should be in writing. If the parents cannot agree, the relocating parent may apply to the court for permission, or the other parent may apply for a non-removal order to prevent the move. When a relocation is contested, the court decides based on the child's best interests, weighing the reasons for the move, the impact on the child's relationship with each parent, and whether the move would improve the child's quality of life. A parenting plan should address relocation in advance, specifying the notice period and a process for resolving disputes, so that a future move does not automatically trigger a court battle.