A parenting plan in Prince Edward Island is a written agreement between separated parents that sets out parenting time, decision-making responsibility, and contact for their child under the Children's Law Act (R.S.P.E.I. 1988, Cap. C-6.1) and the federal Divorce Act. PEI courts must include an agreed plan in a parenting order unless it is contrary to the child's best interests, per Divorce Act section 16.6(2).
Key Facts: Parenting Plans in Prince Edward Island
| Item | Detail |
|---|---|
| Court Filing Fee | Approximately $100 to file a divorce petition (Supreme Court, Family Section). As of March 2026. Verify with your local clerk. |
| Waiting Period | No fixed statutory waiting period for a parenting plan; a divorce based on one-year separation requires the separation to be complete before the divorce is granted |
| Residency Requirement | One spouse must be ordinarily resident in PEI for at least 12 months before filing for divorce (Divorce Act, s. 3(1)) |
| Governing Statutes | Children's Law Act (R.S.P.E.I. 1988, Cap. C-6.1); Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) |
| Decision Standard | Best interests of the child (sole consideration), with primary consideration to the child's physical, emotional, and psychological safety |
| Property Division Type | Not applicable to parenting; PEI uses equalization of family property under the Family Law Act for marital assets |
This guide explains how to create a legally sound parenting plan in Prince Edward Island, the statutes that govern it, the filing fees involved, and the factors PEI courts weigh when approving parenting arrangements. Antonio G. Jimenez, Esq. (Florida Bar No. 21022), prepared this guide covering Prince Edward Island family law for informational purposes.
What Is a Parenting Plan in Prince Edward Island?
A parenting plan in Prince Edward Island is a written document that records how separated or divorcing parents will share parenting time and decision-making responsibility for their child. Under Divorce Act section 16.6(2), a parenting plan is defined as a document containing the parties' agreement on parenting time, decision-making responsibility, or contact. Courts must adopt it unless it harms the child's best interests.
A parenting plan differs from a court-imposed parenting order. The plan is an agreement the parents create themselves, often with help from a mediator, while a parenting order is a binding direction issued by a judge. The PEI Children's Law Act § parenting-plan authorizes parents to file a parenting plan as part of the parenting order framework. When parents agree, the court generally incorporates the plan into the order, giving it the full force of a court directive. PEI courts strongly prefer parent-developed plans because, as the case law notes, court-imposed plans too often leave both parents dissatisfied. A well-drafted plan reduces conflict, sets clear expectations, and gives the child stability during the transition.
What Statutes Govern Parenting Plans in PEI?
Two statutes govern parenting plans in Prince Edward Island: the provincial Children's Law Act (R.S.P.E.I. 1988, Cap. C-6.1) for unmarried parents and provincial matters, and the federal Divorce Act (R.S.C. 1985, c. 3, 2nd Supp.) for married couples seeking divorce. Both apply the best-interests-of-the-child standard as the sole consideration in parenting decisions.
The PEI Children's Law Act § best-interests modernized PEI's family law by replacing the terms "custody" and "access" with "parenting time," "decision-making responsibility," and "contact orders." This 2021-era language aligns provincial law with the federal Divorce Act amendments that took effect March 1, 2021. The federal Divorce Act § 16 makes the best interests of the child the only factor a court considers when making a parenting order. The Divorce Act also lists specific best-interests factors in section 16(3) and establishes the parenting-time principle in section 16(6). Married parents divorcing in PEI fall under the Divorce Act; unmarried or common-law parents fall under the Children's Law Act. Both statutes produce the same practical result: a parenting plan grounded in the child's welfare.
How Much Does It Cost to File in Prince Edward Island?
The cost to file a divorce petition that includes parenting arrangements in Prince Edward Island is approximately $100 under the Court Fees Act Fees Regulations, payable to the Supreme Court (Family Section). As of March 2026. Verify with your local clerk. Additional costs may include service of documents, financial disclosure, and, where ordered, a parenting arrangement assessment.
A parenting plan itself costs nothing to draft if parents agree without litigation. The expense arises when the plan is filed with a divorce petition or when disputes require court intervention. Below is a breakdown of typical costs associated with parenting arrangements in PEI.
| Cost Item | Typical Amount (2026) | Notes |
|---|---|---|
| Divorce petition filing fee | ~$100 | Supreme Court, Family Section. Verify with clerk. |
| Parenting Plan Mediation | Often free or low-cost | Offered through the Family Court Counsellors' Office |
| Parenting Arrangement Assessment | Varies; court-ordered | Conducted by Family Court Conciliation Office clinician |
| Document service fees | $50-$150 | Sheriff or process server |
| Lawyer-drafted parenting plan | $500-$2,500 | Optional; varies by complexity |
The Family Court Counsellors' Office offers Parenting Plan Mediation Services to help parents settle parenting time and decision-making issues without litigation. This service reduces costs significantly. As of March 2026, parents should confirm current mediation availability and any fees directly with the office. Verify all amounts with your local clerk before filing.
What Must a PEI Parenting Plan Include?
A strong Prince Edward Island parenting plan must address parenting time schedules, decision-making responsibility, communication methods, dispute resolution, and provisions for holidays and special occasions. The plan should be specific enough that a third party could follow it without further explanation, reflecting the child's best interests as required by the Children's Law Act and Divorce Act section 16(3).
A comprehensive parenting plan Prince Edward Island parents create should cover the following core elements. Each element reduces ambiguity and future conflict:
- Parenting time schedule: the regular weekly or biweekly co-parenting schedule showing where the child lives and when, including weekday and weekend rotations.
- Decision-making responsibility: how parents will make major decisions about education, healthcare, religion, and extracurricular activities, whether jointly or by one parent.
- Holiday and vacation schedule: a parenting time schedule for statutory holidays, school breaks, birthdays, and family celebrations.
- Communication: how the child communicates with each parent and how parents communicate with each other about the child.
- Transitions and exchanges: the time, location, and method for handing the child between parents.
- Dispute resolution: a process such as mediation to resolve disagreements before returning to court.
- Relocation: notice requirements if a parent intends to move, consistent with the Children's Law Act relocation provisions.
The PEI Children's Law Act § parenting-time requires that any parenting time arrangement be consistent with the best interests of the child. A detailed custody agreement that anticipates common scenarios protects both parents and the child.
How Do PEI Courts Decide the Best Interests of the Child?
Prince Edward Island courts decide the best interests of the child by applying the factors in Divorce Act section 16(3), giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. The court weighs the child's needs, relationships, views, cultural upbringing, and each parent's willingness to support the child's relationship with the other parent.
The best-interests standard is the sole consideration in PEI parenting decisions under both the Children's Law Act and the Divorce Act § 16. The 2021 Divorce Act amendments added an explicit, non-exhaustive list of factors. No single factor is determinative, and the court takes a holistic view of the child's circumstances. Key factors a PEI 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 other important people.
- Each parent's willingness to support the child's relationship with the other parent.
- The child's views and preferences, where they can reasonably be determined.
- The child's cultural, linguistic, and religious upbringing, including Indigenous heritage.
- Any family violence and its impact on parenting ability and arrangements.
The Supreme Court of Canada confirmed in Barendregt v. Grebliunas, 2022 SCC 22, that there is no presumption of equal parenting time. The former "maximum contact" rule is now the "parenting time factor" under Divorce Act section 16(6), meaning a child should have as much time with each parent as is consistent with the child's best interests.
What Is Decision-Making Responsibility in PEI?
Decision-making responsibility in Prince Edward Island refers to the authority to make significant decisions about a child's wellbeing, including education, healthcare, religion, and major extracurricular activities. Under the Children's Law Act and Divorce Act, this responsibility replaced the older term "legal custody" in 2021 and may be allocated jointly or solely based on the child's best interests.
The PEI Children's Law Act § decision-making allows a court or a parenting plan to allocate decision-making responsibility in several ways. Parents may share all major decisions jointly, divide them by category (one parent handles healthcare, the other education), or assign sole decision-making responsibility to one parent. Day-to-day decisions typically rest with the parent who has the child at that time, regardless of how major decisions are allocated. A parenting plan Prince Edward Island parents draft should state clearly which model applies and how disagreements will be resolved. Joint decision-making works best when parents communicate effectively; sole decision-making may be appropriate in high-conflict situations or where family violence is a concern. The plan should also address entitlement to information, meaning each parent's right to receive records about the child's health, education, and welfare even when the other parent makes the decision. Clear allocation prevents disputes and ensures the child's needs are met promptly.
How Does Mediation Help Create a Parenting Plan?
Mediation helps Prince Edward Island parents create a parenting plan by providing a neutral facilitator who guides discussions on parenting time and decision-making, often at little or no cost through the Family Court Counsellors' Office. Mediated plans are more durable than court-imposed orders because parents craft the terms themselves, increasing compliance and reducing future litigation.
The Family Court Counsellors' Office offers Parenting Plan Mediation Services to Island families experiencing separation and divorce. Mediation is voluntary, confidential, and focused on the child's best interests. A trained mediator helps parents work through difficult issues such as the co-parenting schedule, holiday arrangements, and decision-making responsibility without the adversarial pressure of a courtroom. When parents reach agreement, they document the terms in a parenting plan that can be filed with the court and incorporated into a parenting order. PEI courts favour parent-developed plans, and the case law confirms that plans developed by parents serve children better than court-imposed arrangements. If mediation does not resolve all issues, the court may order a Parenting Arrangement Assessment, in which a clinician in the Family Court Conciliation Office interviews the parents, the children (if old enough), and gathers collateral information from schools, medical providers, and other sources to recommend the most appropriate arrangement.
What Happens If Parents Cannot Agree on a Parenting Plan?
If Prince Edward Island parents cannot agree on a parenting plan, the Supreme Court (Family Section) decides parenting time and decision-making responsibility based on the best interests of the child, sometimes after ordering a Parenting Arrangement Assessment. In high-conflict cases, the Office of the Children's Lawyer may be appointed under section 33.1 of the Judicature Act to independently represent the child.
When parents reach an impasse, the court has several tools to resolve parenting disputes. First, the court may order a Parenting Arrangement Assessment conducted by a clinician who evaluates each parent's ability and willingness to meet the child's needs. The clinician prepares a report filed with the court and shared with the parties or their lawyers. Second, in high-conflict and complex cases, the Office of the Children's Lawyer may become involved. The Children's Lawyer acts solely for the child, not either parent, and advocates for the child's best interests. Involvement is not automatic; the OCL conducts an inquiry to decide whether participation serves the child. Third, the judge makes the final decision applying the Divorce Act section 16(3) factors and the Children's Law Act standards. A court-ordered parenting arrangement carries the same legal weight as an agreed plan but may satisfy neither parent fully, which is why mediation and negotiation remain the preferred routes.
How Do You Modify a Parenting Plan in PEI?
You modify a parenting plan in Prince Edward Island by demonstrating a material change in circumstances since the original order and showing that the change serves the child's best interests, under the Children's Law Act and Divorce Act. Parents who agree on changes can file a revised plan; if they disagree, the court decides after applying the best-interests standard.
A parenting plan is not permanent. As children grow and family circumstances shift, the original arrangement may no longer fit. The PEI Children's Law Act § variation and the Divorce Act both require a material change in circumstances before a court will vary a parenting order. A material change is a significant, unforeseen alteration affecting the child, such as a parent's relocation, a change in the child's needs, a new work schedule, or safety concerns. If both parents agree to the modification, they can document the new terms in an updated parenting plan and file it with the court for incorporation into a varied order. If parents disagree, the parent seeking the change must apply to the Supreme Court and prove both the material change and that the proposed modification benefits the child. Relocation cases carry specific notice requirements and additional best-interests factors under the Children's Law Act, including the burden of proof on the parent who intends to move the child.