A parenting plan in Yukon is a written agreement setting out parenting time, decision-making responsibility, and a co-parenting schedule for your children after separation. Married parents are governed by the federal Divorce Act (1985, amended 2021); common-law parents fall under Yukon's Children's Law Act, RSY 2002, c. 31. Both apply a best-interests-of-the-child standard, and the Supreme Court of Yukon filing fee is approximately $180.
Key Facts: Parenting Plans in Yukon
| Factor | Detail |
|---|---|
| Court Filing Fee | Approximately $180 for a divorce application at the Supreme Court of Yukon (verify exact amount with the Registry) |
| Waiting Period | One year of separation required before a divorce order issues; no separate post-filing waiting period |
| Residency Requirement | At least one spouse must have ordinarily resided in Yukon for 12 months before filing (Divorce Act, s. 3(1)) |
| Grounds | Marriage breakdown only — proven by 1-year separation, adultery, or cruelty |
| Property Division Type | Equalization of family property under Yukon's Family Property and Support Act (common-law and married property frameworks differ) |
| Governing Statutes | Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) for married parents; Yukon Children's Law Act § 1 for unmarried parents |
As of January 2026. Verify all fees with the Supreme Court of Yukon Registry before filing.
What Is a Parenting Plan in Yukon?
A parenting plan Yukon families create is a written document that records how separated parents will share parenting time and decision-making responsibility for their children. The plan covers where children live, the co-parenting schedule, holiday rotation, communication rules, and how major decisions get made. Under the 2021 Divorce Act amendments, effective March 1, 2021, the terms "custody" and "access" were replaced with "decision-making responsibility" and "parenting time."
Yukon parents can create a parenting plan without going to court. A separating couple can agree on how they will structure time with and responsibility for their children, then formalize that agreement as a signed separation agreement or a court order. The Yukon Family Mediation Service helps parents who are willing to work together reach parenting agreements, and the resulting document can be formalized by court order. The plan becomes legally enforceable once incorporated into a parenting order or filed with the court. Parents who reach their own agreement avoid contested litigation, reduce legal costs, and retain control over arrangements tailored to their children's specific needs rather than handing those decisions to a judge.
Married vs. Common-Law: Which Law Governs Your Parenting Plan?
The statute that governs your custody agreement depends on your marital status. Married parents seeking divorce are governed by the federal Divorce Act, which uses "decision-making responsibility" and "parenting time." Common-law and unmarried parents are governed by Yukon's Children's Law Act § 1, which still uses "custody" and "access" terminology. The substantive rights and obligations are largely the same under both.
This distinction matters in Yukon more than in many provinces. The Children's Law Act, RSY 2002, c. 31, has not been updated to mirror the 2021 Divorce Act reforms. As a result, unmarried Yukon parents are subject to a different legal test: the Children's Law Act contains no required consideration of family violence in its best-interests analysis and no statutory definition of family violence. By contrast, married parents under the Divorce Act benefit from Divorce Act § 16, which requires courts to give primary consideration to a child's physical, emotional, and psychological safety, security, and well-being, including family violence. Parents should confirm which framework applies before drafting a parenting plan, because the legal standards and available remedies differ depending on whether the matter proceeds under federal or territorial legislation.
Residency and Filing Requirements for Yukon Divorce
To file for divorce in Yukon, at least one spouse must have ordinarily resided in the territory for at least 12 months immediately before filing, under Divorce Act § 3(1). "Ordinarily resident" means your habitual, customary home — not temporary presence. The sole ground for divorce is marriage breakdown, most commonly proven by one year of living separate and apart.
The 12-month residency requirement is separate from the one-year separation period. You do not have to wait a full year of separation to file — the application can be filed at any time — but the divorce order will not issue until the one-year separation mark is reached. The separation clock starts the date you began living separate and apart, which can occur even while sharing the same residence if you are living separate lives. Many Yukon couples remain under one roof during separation due to housing costs in Whitehorse and surrounding communities. The Divorce Act also includes a reconciliation provision: couples relying on the one-year-separation ground may live together for up to 90 days to attempt reconciliation without resetting the separation clock. If reconciliation fails, the divorce action continues as though the time together had not occurred. Divorce applications are filed with the Supreme Court of Yukon Registry at the Law Courts Building, 2134 Second Avenue, Whitehorse.
Decision-Making Responsibility Explained
Decision-making responsibility grants a parent authority over major decisions affecting a child, including education, health care, religion, and significant extracurricular activities, under Divorce Act § 16.1. It can be allocated to one parent, both parents jointly, or divided by category. This concept replaced "legal custody" when the Divorce Act amendments took effect March 1, 2021.
Under Divorce Act § 16.3, decision-making responsibility, or any aspect of it, may be allocated to either spouse, to both spouses, or to any combination of eligible persons. This flexibility lets Yukon parents tailor a custody agreement to their circumstances — for example, sharing all major decisions jointly, or splitting them so one parent handles medical decisions and the other handles education. A well-drafted parenting plan specifies exactly how decisions are made: jointly with a duty to consult, by one parent in a defined area, or through a tie-breaking mechanism such as mediation when parents disagree. The plan should also address day-to-day decisions. Under Divorce Act § 16.2(2), unless a court orders otherwise, the parent exercising parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. Clear allocation prevents future conflict over who decides what.
Building a Parenting Time Schedule
A parenting time schedule sets out the physical residential arrangement — when the child lives with each parent — and the parent on duty makes routine daily decisions. Under Divorce Act § 16(6), courts give effect to the principle that a child should have as much time with each spouse as is consistent with the child's best interests. There is no presumption of equal (50/50) parenting time.
A strong parenting time schedule in a Yukon parenting plan addresses the regular weekly rotation, holidays, school breaks, birthdays, and summer arrangements. Common co-parenting schedule structures include week-on/week-off (alternating full weeks), the 2-2-3 rotation (where children spend two days with one parent, two with the other, then three with the first), and alternating-weekends arrangements where one parent has primary parenting time. Yukon's geography matters: families separated between Whitehorse and rural communities like Dawson City, Watson Lake, or Mayo may need a schedule built around longer travel distances and limited road access rather than frequent exchanges. The visitation schedule should specify exchange times, locations, transportation responsibilities, and notice requirements for changes. Courts assess each family individually — the 2021 reforms eliminated the former "maximum contact" principle and replaced it with an individualized best-interests analysis, so there is no automatic entitlement to any particular division of time.
How Yukon Courts Decide Best Interests of the Child
Yukon courts decide parenting arrangements based exclusively on the best interests of the child. Under Divorce Act § 16(1), the court considers only the best interests of the child of the marriage, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. For unmarried parents, Children's Law Act § 1 makes the child's interests the paramount consideration.
Under the Divorce Act, courts weigh factors including the child's needs given their age and stage of development; the nature 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 be ascertained; the child's cultural, linguistic, religious, and spiritual heritage, including Indigenous heritage; any history of family violence; and any civil or criminal proceedings relevant to the child's safety. For Yukon's significant Indigenous population, the Divorce Act specifically requires consideration of a child's Indigenous upbringing and heritage. Under Children's Law Act § 30, when deciding access applications, the court considers the bonding, love, affection, and emotional ties between the child and each person claiming custody or access, along with all the child's needs and circumstances. A parenting plan that clearly demonstrates how it serves these best-interests factors is far more likely to be approved by a Supreme Court of Yukon judge.
Free Resources: FLIC and the Yukon Family Mediation Service
Yukon offers free government services to help parents create a custody agreement without expensive litigation. The Family Law Information Centre (FLIC) provides free family law information, self-help guides, and court-form assistance, while the Yukon Family Mediation Service helps cooperating parents reach parenting agreements at no cost. Both operate from 301 Jarvis Street, 2nd floor, in Whitehorse, Monday to Friday, 9 a.m. to 4 p.m.
FLIC is a public service jointly funded by the Yukon Department of Justice and the Department of Justice Canada. Its staff confidentially assist both parties with court matters and offer self-help guides, including "Applying for an initial family order" (self-help guide #1), "Opposing an initial family order" (#2), and "Applying to change a family order" (#3). FLIC also runs free workshops for separating parents, such as "For the Sake of the Children" and "Communication Skills After Separation or Divorce," with pre-registration required. Importantly, FLIC staff do not replace a lawyer and create no attorney-client relationship — they strongly encourage parents to obtain independent legal advice. The Yukon Family Mediation Service works alongside FLIC: mediators meet with parents willing to cooperate, and no formal referral is required. Contact FLIC at 867-456-6721 (toll-free 1-800-661-0408 ext. 6721) or flic@yukon.ca; reach the Mediation Service at 867-667-5753.
Formalizing Your Parenting Plan as a Court Order
A Yukon parenting plan can be a private signed agreement or a court order. A signed separation agreement is a binding contract between parents, while a parenting order issued by the Supreme Court of Yukon is directly enforceable by the court. Many parents convert their negotiated agreement into a consent order, which combines the cooperative benefits of mediation with the enforceability of a judicial order.
To formalize a parenting plan as part of a divorce, married parents file a Statement of Claim (Family Law – Divorce) with the Supreme Court of Yukon Registry, attaching the proposed parenting arrangements. The court reviews whether the plan meets the best-interests standard before granting a parenting order. For unmarried parents, applications proceed under the Children's Law Act using FLIC's family-order self-help guides. The approximate $180 filing fee applies to divorce applications; additional costs may include process-server fees, notarization, and a Certificate of Divorce. The court accepts cash, debit (in person), cheque, money order, Visa, or MasterCard, and documents may also be filed by mail with payment enclosed. If circumstances change later — a parent relocates, a child's needs shift, or the co-parenting schedule no longer works — either parent can apply to vary the order. Under Divorce Act § 16.9, a parent who intends to relocate must give at least 60 days' written notice to any other parent with parenting time or decision-making responsibility, who then has 30 days to object.