A parenting plan in Ontario is a written document that sets out decision-making responsibility, parenting time, and how separated parents will raise their children. Under section 16.6(1) of the Divorce Act, a court will adopt your parenting plan in a parenting order unless it is not in the child's best interests. The governing standard is always the best interests of the child.
Key Facts: Parenting Plans in Ontario (2026)
| Item | Detail |
|---|---|
| Filing Fee (if court order needed) | $632–$679 in total Superior Court fees, including a $10 federal registry fee. As of January 2026. Verify with your local clerk. |
| Waiting Period | No waiting period to make a parenting plan; a divorce order requires one year of separation under Divorce Act § 8 |
| Residency Requirement | One spouse ordinarily resident in Ontario for 12 months before filing for divorce, under Divorce Act § 3 |
| Governing Statutes | Divorce Act § 16.1 (married) and Children's Law Reform Act § 24 (unmarried/separated) |
| Decision Standard | Best interests of the child under Divorce Act § 16 and CLRA § 24 |
A parenting plan does not require a court filing fee if both parents agree and sign it as part of a separation agreement. The $632–$679 in fees applies only when you ask the Superior Court of Justice to issue a parenting order or grant a divorce. As of January 2026, those fees adjust every three years based on the Ontario Consumer Price Index. Verify with your local clerk before filing.
What Is a Parenting Plan in Ontario?
A parenting plan Ontario document records the parenting time, decision-making responsibility, and contact arrangements that separated parents agree to follow. The Divorce Act defines it precisely: a parenting plan is a document containing the elements relating to parenting time, decision-making responsibility, or contact to which the parties agree under Divorce Act § 16.6(1). It is the modern replacement for what used to be called a custody agreement.
Since March 1, 2021, Ontario law no longer uses the words "custody" and "access." Both the Divorce Act and the Children's Law Reform Act § 18 now use "decision-making responsibility" and "parenting time" instead. This terminology change was deliberate: the older language implied a hierarchy where one parent "won" the child, while the new language recognizes that both parents' time matters to the child. A parenting plan can be a standalone document, a schedule attached to a separation agreement, or a plan submitted to court for incorporation into a parenting order.
Which Law Governs Your Parenting Plan?
Two statutes govern parenting arrangements in Ontario, and which one applies depends on your marital status. Married couples seeking a divorce fall under the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.). Unmarried parents, common-law partners, and separated spouses not pursuing divorce fall under Ontario's Children's Law Reform Act § 24. The legal standards under both statutes are nearly identical.
The practical difference is jurisdictional, not substantive. If you are married and want a divorce, your parenting plan can be incorporated into a divorce proceeding at the Superior Court of Justice under Divorce Act § 16.1. If you are unmarried or separated without divorcing, your parenting order is made under CLRA § 28. Both statutes direct the court to decide based only on the best interests of the child, and both list the same core factors. A common-law parent has the same right to seek decision-making responsibility and parenting time as a married parent. The choice of statute affects procedure and which court hears the matter, not the outcome of the best-interests analysis.
Decision-Making Responsibility Explained
Decision-making responsibility is the authority to make significant decisions about a child's health, education, religion, language, and major extracurricular activities under Divorce Act § 16.1. It replaced the old term "legal custody" on March 1, 2021. A parent can hold decision-making responsibility without having the majority of parenting time, and the two are allocated separately.
Decision-making responsibility takes three main forms in Ontario parenting plans. Joint decision-making responsibility means both parents share authority over major decisions and works best when parents communicate effectively and can set conflict aside for the child's benefit. Sole decision-making responsibility gives one parent final authority; courts typically order it where there is family violence, a history of one parent undermining the other's relationship with the child, or a demonstrated inability to cooperate. Parallel or divided decision-making allocates specific categories to each parent — for example, one parent decides on education while the other decides on health care — under Divorce Act § 16.4. Your parenting plan should specify which form applies, how disagreements will be resolved, and what counts as a day-to-day decision the parent with parenting time can make alone.
Parenting Time and Common Schedules
Parenting time is the period during which a child is in the care of a parent, and that parent makes day-to-day decisions during that time under Divorce Act § 16.2(1). Equal parenting time is not presumed in Ontario. The court allocates time according to the child's physical, emotional, and psychological needs, set out in a specific schedule.
The choice of co-parenting schedule depends on the child's age, the distance between homes, work schedules, and the children's activities. A well-drafted parenting time schedule names where the child sleeps every night, who handles transitions, and how holidays and school breaks are divided. The table below compares common Ontario arrangements. Note the 40% threshold: under section 9 of the Federal Child Support Guidelines, a parent who has the child at least 40% of the time annually — roughly 146 days per year — qualifies for the "set-off" method of child support, which can substantially change the support amount. This is why the percentage of parenting time in your visitation schedule has direct financial consequences.
| Schedule | Parenting Time Split | Best Suited For |
|---|---|---|
| Alternating weeks (7-7) | 50/50 (~182 days each) | Older children, low-conflict, close homes |
| 2-2-3 rotation | 50/50 (~182 days each) | Younger children needing frequent contact |
| 4-3 schedule | ~57/43 (~146+ days for the 43% parent) | School-age children; meets 40% threshold |
| Every other weekend | ~80/20 (~73 days) | Long distances; primary-parent arrangement |
| 5-2 schedule | ~71/29 (~104 days) | Work-week stability with weekend contact |
The Best Interests of the Child Standard
The best interests of the child is the only test Ontario courts use to decide parenting time and decision-making responsibility, under Divorce Act § 16 and CLRA § 24(3). Courts weigh the child's needs, relationships, and safety above the wishes or fault of either parent. The child's physical, emotional, and psychological safety, security, and well-being is the primary consideration.
The statutory factors are detailed and a court must consider all of them. Under CLRA § 24(3) and Divorce Act § 16(3), the court evaluates the child's needs given their age and stage of development; the nature of the child's relationship with each parent and other important people; each parent's willingness to support the child's relationship with the other parent; the history of care; the child's own views and preferences, weighted by age and maturity; the child's cultural, linguistic, religious, and Indigenous heritage; and any plans for the child's care. Family violence is a mandatory factor. The court must assess any family violence — including physical, sexual, psychological, or financial abuse and coercive controlling behaviour — and its impact on a parent's ability to care for the child. A parenting plan that openly addresses these factors and explains why the proposed schedule serves the child is far more likely to be adopted by the court.
Using the AFCC-Ontario Parenting Plan Template
The AFCC-Ontario Parenting Plan Guide and Template is the most widely used parenting plan resource in the province, developed by the Association of Family and Conciliation Courts – Ontario Chapter. Originally released in January 2020 with a Version 2.0 dated December 2021, the Guide has been cited approvingly by Ontario courts, including the Divisional Court in Tremblay-Chartier v. Blanchette, 2025 ONSC 6273. It offers age-appropriate schedule recommendations and sample clauses.
The AFCC-O Guide is valuable because it is child-focused and practical rather than adversarial. It explains common parenting schedules, provides developmentally informed recommendations for infants, toddlers, school-age children, and teenagers, and offers examples of holiday and vacation arrangements. It includes dedicated sections on harder topics that many parents overlook, such as family violence, immigration status, parental substance abuse or mental illness, and incarcerated parents. The federal Department of Justice also publishes a free Parenting Plan Checklist, updated to reflect the March 1, 2021 Divorce Act amendments, which identifies the issues to settle: how decisions get made, when each parent has the children, and how parents share information and communicate. Using one of these templates does not require a lawyer, but the AFCC-O Guide expressly recommends legal assistance where intimate partner violence is present, and Legal Aid Ontario provides some free help for victims of family violence.
What to Include in Your Parenting Plan
A strong Ontario parenting plan covers five core areas: decision-making, the residential schedule, communication, dispute resolution, and a process for future changes. The more specific your plan, the fewer disputes arise later, because each clause becomes a clear, enforceable rule rather than a vague understanding. Vague plans generate conflict; detailed plans prevent it.
At minimum, your parenting plan should address the following items, drawn from the AFCC-O template and the federal checklist:
- Decision-making responsibility: who decides on education, health care, religion, and major activities, and whether decisions are joint, sole, or parallel.
- A specific parenting time schedule: regular weekly residence, holidays, birthdays, school breaks, and summer vacation, with exact exchange times and locations.
- Communication: how parents share information about the child and how the child contacts the other parent during parenting time.
- Transportation and exchanges: who drives, where exchanges happen, and how to handle lateness.
- Travel and relocation: notice requirements for trips and the 60-day relocation notice required by law.
- Dispute resolution: a clause requiring mediation or arbitration before returning to court.
- Review and changes: how and when the plan will be revisited as the child grows.
Relocation and Moving With a Child
A parent with parenting time or decision-making responsibility must give at least 60 days' written notice before relocating with a child, under Divorce Act § 16.9(1). The notice must state the expected moving date, the new address, contact information, and a proposal for revised parenting arrangements. This rule has applied since the March 1, 2021 amendments.
The 60-day notice triggers a structured process. The other parent has 30 days to object in writing under Divorce Act § 16.91. If no objection arrives and no court order prohibits the move, the relocating parent may proceed. If the other parent objects, the relocating parent needs court permission, and a judge decides based on the best interests of the child. The court weighs the reasons for the move, the impact on the child's relationship with each parent, and whether each parent has complied with their obligations. The burden of proof shifts depending on the existing parenting time split. Your parenting plan should set out exactly how relocation requests will be handled, including the notice format and a timeline, so that a move is governed by clear terms rather than a crisis.
Making Your Parenting Plan Legally Binding
A parenting plan becomes legally binding in Ontario in one of two ways: as part of a signed separation agreement or when incorporated into a court parenting order. A signed separation agreement that meets the requirements of Family Law Act § 55(1) — in writing, signed by both parties, and witnessed — is an enforceable domestic contract. You do not need a court to approve it.
The second route is a court parenting order. When you submit your parenting plan to the Superior Court of Justice, the court will incorporate it into a parenting order unless it concludes the plan is not in the child's best interests, under Divorce Act § 16.6(1). If support or property is also claimed, the Family Law Rules require additional steps: under Rule 8.1, all parties must attend a Mandatory Information Program within 45 days of starting the case, and under Rule 13 you must file a Financial Statement (Form 13 for support, Form 13.1 for property and support). Once a parenting plan is incorporated into an order, it is enforceable like any court order. A parent who ignores it can face make-up parenting time, a clarified or varied order, a finding of contempt, or in serious cases a police enforcement clause. Most courts aim to restore the child's relationship with both parents rather than to punish.