A parenting plan in Northwest Territories is a written agreement under section 16.6 of the Divorce Act covering parenting time, decision-making responsibility, and contact. NWT courts include parents' plans in parenting orders unless contrary to the child's best interests, and the territory offers up to 9 free hours of mediation to reach agreement.
Key Facts: Parenting Plans in Northwest Territories
| Factor | Detail |
|---|---|
| Filing Fee | Approx. $157–$450 CAD (verify with registry); parenting order application approx. $100–$150 CAD |
| Waiting Period | No standalone waiting period; divorce requires 1-year separation under Divorce Act s. 8(2)(a) |
| Residency Requirement | One spouse ordinarily resident in NWT for 12 continuous months (Divorce Act s. 3(1)) |
| Governing Law | Divorce Act, R.S.C. 1985, c. 3 (married); Children's Law Act, SNWT 1997, c. 14 (unmarried) |
| Property Division Type | Equalization under Family Law Act (NWT), separate from parenting |
What Is a Parenting Plan in Northwest Territories?
A parenting plan in Northwest Territories is a document, defined under Divorce Act section 16.6(1), that contains the elements relating to parenting time, decision-making responsibility, or contact to which separating parents agree. Under Divorce Act § 16.6, the Supreme Court of the Northwest Territories must include a submitted parenting plan in its parenting order unless the court finds it contrary to the child's best interests.
The parenting plan replaces the old language of "custody" and "access" that existed before the March 1, 2021 federal amendments. Since those reforms, NWT families use "parenting time," "decision-making responsibility," and "contact" instead. A parenting plan Northwest Territories families create can be as detailed or as flexible as the parents wish, but courts favour plans that specify a concrete co-parenting schedule, holiday rotations, and communication protocols. A well-drafted custody agreement, properly called a parenting order when court-issued, reduces future disputes and gives children the stability that section 16(3)(a) of the Divorce Act identifies as a primary need.
Who Governs Parenting Arrangements: Divorce Act vs Children's Law Act
Married parents in Northwest Territories fall under the federal Divorce Act, R.S.C. 1985, c. 3, while unmarried parents are governed by the territorial Children's Law Act, SNWT 1997, c. 14. Both laws apply the best-interests-of-the-child test, but only the Divorce Act applies when a couple seeks a divorce alongside their parenting order.
This two-track system matters because the law you file under determines which court rules govern your parenting plan Northwest Territories application. Married couples seeking divorce file at the Supreme Court of the Northwest Territories under Divorce Act § 16. Unmarried parents apply under Children's Law Act § 17 of the territorial statute. As of 2026, Bill 23 — An Act to Amend the Children's Law Act is modernizing the territorial statute to mirror the Divorce Act, replacing "custody" and "access" orders with "parenting" and "contact" orders, adopting the Divorce Act's family violence definition, and adding a relocation framework the current Children's Law Act lacks. Until Bill 23 is fully in force, unmarried parents should confirm current terminology with the court registry before filing their parenting time schedule.
The Best Interests Test: 11 Factors NWT Courts Apply
Northwest Territories courts decide every parenting arrangement using the best-interests-of-the-child test in section 16(3) of the Divorce Act, which lists 11 non-exhaustive factors. Section 16(2) requires the court to give primary consideration to the child's physical, emotional, and psychological safety, security, and well-being above all other factors.
The enumerated factors under Divorce Act § 16 include the child's needs given their age and stage of development; the nature and strength of the child's relationship with each parent, siblings, and grandparents; each parent's willingness to support the child's relationship with the other parent; the history of care; the child's views and preferences; the child's cultural, linguistic, religious, and spiritual upbringing, including Indigenous heritage; any family violence; and the ability of each person to meet the child's needs. The Supreme Court of Canada confirmed in Barendregt v. Grebliunas, 2022 SCC 22, that there is no presumption of equal parenting time — the "parenting time factor" in section 16(6) operates only to the extent it serves the child's best interests. A strong parenting plan addresses each relevant factor explicitly.
How to Create a Parenting Plan: Step by Step
Creating a parenting plan in Northwest Territories follows a defined sequence: identify the issues, attempt mediation, draft the agreement, and file it for a consent parenting order. The territory's free mediation program provides up to 9 hours of facilitated negotiation, and a successful mediation produces a Memorandum of Understanding that can be formalized into a consent court order.
Start by listing every parenting decision your plan must cover: the regular co-parenting schedule, holiday and school-break rotations, decision-making on education and health care, communication methods, and a dispute-resolution process. Next, contact the NWT Family Law Mediation Program at 1-866-217-8923 to book a one-hour pre-mediation session for each party. If both parents agree to proceed, joint sessions follow, and the mediator drafts a Memorandum of Understanding once agreement is reached. Convert that memorandum into a parenting plan that satisfies Divorce Act § 16.6, then file it at the Supreme Court Registry in Yellowknife, Hay River, or Inuvik. The court reviews the plan and, if it meets the child's best interests, issues a consent parenting order — a binding parenting time schedule enforceable across Canada.
Essential Elements Every NWT Parenting Plan Should Include
Every effective parenting plan in Northwest Territories should address parenting time, decision-making responsibility, contact, and dispute resolution, because section 16.6(1) of the Divorce Act defines these as the core elements of a valid plan. Plans that specify exact dates, exchange locations, and notice periods reduce the average of two to three return-to-court applications that vague agreements typically generate.
A complete co-parenting schedule should specify the residential schedule (which parent the child lives with on each day), a holiday rotation covering statutory holidays and cultural or Indigenous observances, and a school-break plan for the long northern summer. Decision-making responsibility should state whether parents share decisions on education, health, religion, and extracurricular activities, or whether one parent decides specific categories. The plan should set communication rules — including virtual parenting time by video call, which matters enormously when one parent lives in Yellowknife and the other in Inuvik or a smaller community. Finally, include a relocation clause consistent with the Divorce Act's notice requirements, a method for resolving disputes (such as returning to mediation before court), and a review date. A thorough visitation schedule, properly termed a parenting time schedule, leaves little room for conflict.
Parenting Time Schedule Options in Northwest Territories
Northwest Territories courts approve a range of parenting time schedules, from shared arrangements splitting time 40–60% between homes to primary parenting time with block visits during school breaks. Geography drives the choice: shared schedules work where parents live in the same community, while block schedules suit families separated by limited flight connections between Yellowknife, Inuvik, Hay River, and smaller settlements.
The table below compares common parenting time schedule models NWT families use. Each row reflects a distinct co-parenting schedule that courts have approved under the best-interests test, depending on the family's circumstances and distance between homes.
| Schedule Type | Time Split | Best For |
|---|---|---|
| Shared parenting (week-on/week-off) | Roughly 50/50 | Parents in the same community |
| Shared parenting (2-2-3 rotation) | Roughly 50/50 | Younger children, nearby homes |
| Primary with alternate weekends | Approx. 70/30 | School-age children, one local parent |
| Primary with block parenting time | Approx. 80/20 | Long-distance (different communities) |
| Primary with extended summer blocks | Approx. 85/15 | Parents separated by air travel |
When one parent lives in a remote community, courts frequently order 100% primary parenting time during the school year with generous block parenting time during the long summer break and major holidays, supplemented by scheduled video calls. This structure honours section 16(6) of the Divorce Act — giving the child as much time with each parent as is consistent with their best interests — while respecting the territorial reality of travel.
Filing Your Parenting Plan With the Supreme Court
You file a parenting plan in Northwest Territories at the Supreme Court Registry in Yellowknife, Hay River, or Inuvik, where a judge reviews it under section 16.6 of the Divorce Act before issuing a consent parenting order. The registry filing fee for a divorce petition ranges from approximately $157 to $450 CAD depending on the source, and a standalone parenting order application costs roughly $100 to $150 CAD.
As of June 2026, fee figures conflict across sources, so verify with your local clerk before filing. The Yellowknife registry sits on the Third Floor, 4903–49 Street, open Monday to Friday from 9:30 AM to 4:00 PM, reachable at (867) 873-7122. To file, bring your original marriage certificate (for divorce matters), copies of any existing orders or separation agreements, and your completed parenting plan. Where children are involved, the court requires evidence of reasonable parenting arrangements under Divorce Act § 11(1)(b) before granting any divorce. A Supreme Court judge reviews the documents and grants the order if satisfied the arrangements serve the children's best interests. Forms are available at nwtcourts.ca, and the Legal Aid Commission of the NWT (1-844-835-8050) assists eligible low-income residents.
Using Free Mediation to Build Your Parenting Plan
The NWT Family Law Mediation Program offers up to 9 hours of free, voluntary mediation to help separating parents build a parenting plan, available in person, by telephone, or online throughout the territory. Mediators do not take sides, make decisions, or give legal advice; they facilitate agreement and prepare a Memorandum of Understanding that can become a consent court order.
This free program is the most cost-effective path to a parenting plan Northwest Territories families can use, sparing the expense of contested litigation. The process begins with a one-hour pre-mediation session for each parent separately, allowing the mediator to assess suitability and screen for safety concerns. If both parents agree to continue, joint sessions address parenting arrangements, decision-making responsibility, child support, spousal support, and minor property division. Services are offered in English and French, with interpretation for Indigenous languages, reflecting the territory's communities. Book mediation by calling 1-866-217-8923 toll-free or 867-873-7122 in Yellowknife. Parents who demonstrate cooperative drafting of a custody agreement through mediation typically receive more favourable outcomes than those who litigate every disputed holiday, because courts reward the willingness to co-operate that section 16(3) treats as a best-interests factor.
Modifying or Enforcing a Parenting Order
You can modify a parenting order in Northwest Territories by applying to the Supreme Court under section 17 of the Divorce Act and showing a material change in circumstances since the original order. Relocation — a move that significantly affects the child's relationship with a parent — requires written notice and triggers specific best-interests factors under sections 16.91 to 16.93 of the Divorce Act.
A material change might include a parent's job relocation, a change in the child's needs, or a breakdown in the existing co-parenting schedule. Under Divorce Act § 17, the parent seeking change must prove the change is genuine and that a revised parenting time schedule serves the child's best interests. For relocation specifically, the relocating parent must give at least 60 days' written notice, and the court weighs the reasons for the move, the impact on the child's relationships, and the feasibility of preserving parenting time across distance. Enforcement of an existing parenting order can be pursued through the Supreme Court when one parent denies the other their court-ordered parenting time. Because parenting time and child support are legally independent under the Divorce Act, a parent cannot withhold parenting time over unpaid support, nor stop paying support over denied parenting time.