A long distance parenting plan Ontario families rely on is a written schedule under the Divorce Act, R.S.C. 1985, c. 3, s. 16.1 that allocates parenting time and decision-making responsibility when parents live far apart. Ontario divorce filing fees total $669, plus a $10 federal registry fee, as of January 2026.
Key Facts: Ontario Divorce and Long-Distance Parenting (2026)
| Fact | Detail |
|---|---|
| Filing Fee | $669 court fees ($224 issuance + $445 affidavit) plus $10 Central Registry fee = $679 total. As of January 2026. Verify with your local clerk. |
| Waiting Period | 1-year separation for no-fault grounds; 31-day appeal window after the divorce order before it takes effect |
| Residency Requirement | One spouse ordinarily resident in Ontario for at least 12 months before filing (Divorce Act s. 3(1)) |
| Grounds | No-fault (1-year separation), plus adultery or cruelty |
| Property Division Type | Equalization of net family property (Ontario Family Law Act) — not community property |
Ontario handles parenting disputes between divorcing spouses under the federal Divorce Act, amended effective March 1, 2021, while unmarried parents fall under the provincial Children's Law Reform Act. Both statutes now use the vocabulary of parenting time and decision-making responsibility rather than the older custody-and-access language. This guide focuses on married spouses seeking a divorce, where distance between two households shapes nearly every clause of the plan.
What Is a Long-Distance Parenting Plan in Ontario?
A long-distance parenting plan in Ontario is a detailed written agreement or court order that governs how a child spends time with two parents who live too far apart for a standard week-to-week rotation. Under Divorce Act s. 16.1, a parenting order allocates parenting time and decision-making responsibility, and Ontario courts approve these plans only when they serve the child's best interests, the paramount test set by s. 16(1).
Distance changes the math of a parenting schedule. When parents live 30 minutes apart, a plan can alternate days or split the week; when one parent moves to Vancouver, Calgary, or across the U.S. border, weekday exchanges become impossible. A long distance parenting plan Ontario judges will accept therefore trades frequency for blocks of time: longer, less frequent stretches such as most of the summer, alternating winter and spring breaks, and structured virtual parenting time in between. The plan must still name a specific schedule, because Ontario courts disfavour vague terms like "reasonable access" that invite repeated conflict.
These plans commonly arise in three situations: one parent relocating for work after separation, an out of state parent (or out-of-province parent) who already lived elsewhere at the time of the breakup, and international families where a child's two homes sit in different countries. In each case, the plan should address the child's age, school calendar, travel logistics, and the realistic cost of moving a child between homes. A well-drafted schedule anticipates growth: a plan for a 4-year-old and a plan for a 14-year-old serve very different developmental needs, so many Ontario plans build in review points tied to school transitions. For help mapping your own situation, our personalized divorce roadmap walks through the decisions in order.
The Legal Framework: The 2021 Divorce Act
The governing law for divorcing spouses is the Divorce Act, amended effective March 1, 2021, which replaced "custody" and "access" with parenting time under s. 16.2 and decision-making responsibility under s. 16.3. Every parenting decision, including a long-distance schedule, must be governed by only one test: the best interests of the child, listed as a set of statutory factors in s. 16(3).
The 2021 amendments matter for distant parents because they codify a best-interests analysis rather than any presumption of shared time. Section 16(3) directs the court to weigh the child's needs given their age and stage of development, the nature of each child-parent relationship, each parent's willingness to support the child's relationship with the other parent, the child's views where they can be ascertained, the child's cultural and linguistic heritage (including Indigenous heritage), and any history of family violence. The Act also lists the "maximum parenting time consistent with the child's best interests" idea in s. 16(6), but this is not a guaranteed 50/50 split and it never overrides safety concerns.
Courts also expect parents to try to resolve parenting issues out of court where it is safe to do so. The Divorce Act encourages family dispute resolution such as mediation, and Ontario's family courts often require a Mandatory Information Program session before a contested motion proceeds. For long-distance families, this front-loaded negotiation is valuable because a schedule built by agreement can be tailored to specific flights, school breaks, and video-call routines that a judge, working from limited information, may not craft as precisely. If you understand terms like parenting time before you negotiate, you will draft a stronger plan. When agreement fails, or when there is a power imbalance or safety issue, the court decides using the same s. 16(3) factors. Divorcing spouses who need experienced counsel can find a divorce attorney serving their region.
When Does Distance Trigger the Relocation Rules?
Any move that will have a significant impact on a child's relationship with the other parent triggers the relocation regime, which requires at least 60 days' written notice under Divorce Act s. 16.9. A move that does not significantly affect the relationship is treated as a lesser "change of residence" under s. 16.8, which still requires notice but not the full 60-day relocation process.
The distinction turns on impact, not on a fixed number of kilometres. A move across a large city that keeps the child in the same school may be a change of residence; a move from Toronto to Halifax that ends midweek dinners is almost always a relocation. When a move qualifies as a relocation, the relocating parent must give the other parent notice at least 60 days before the proposed move, in the prescribed form, and that notice must include the new address, the new contact information, and a concrete proposal for how parenting time, decision-making responsibility, or contact will work afterward. The other parent then has 30 days to object using the prescribed form; if no objection is filed and no order prohibits the move, the relocation may proceed.
The burden of proof depends on the existing schedule, a rule set out in s. 16.93. If the child spends substantially equal time with each parent, the relocating parent must prove the move is in the child's best interests. If the child spends the vast majority of time with the parent who wants to move, the objecting parent must prove the move is not in the child's best interests. In all other cases, both parents share the burden. On top of the general best-interests factors, the court weighs the relocation-specific factors in s. 16.92: the reasons for the move, its impact on the child, each parent's compliance with obligations, and the reasonableness of the proposed new arrangement. One critical rule: a court must not consider whether the relocating parent would move anyway if the child could not come, which stops the analysis from becoming a loyalty test.
Building the Parenting-Time Schedule Across Distance
A workable long-distance schedule replaces frequent short visits with fewer, longer blocks, typically anchoring the out-of-town parent's time to school breaks such as the roughly 8-week summer vacation, the 2-week winter break, and the 1-week March break. Under Divorce Act s. 16.2, the parent with parenting time is entitled to make day-to-day decisions during their time, so the schedule should state clearly when each parent's time begins and ends.
The design usually follows the child's calendar rather than a rigid weekly grid. A common Ontario framework gives the distant parent the majority of summer (often 4 to 6 weeks, sometimes split into two blocks so neither parent loses the whole season), alternating years for winter break and March break, and a defined share of statutory long weekends when travel is feasible. Many plans also add a monthly weekend visit where the distant parent travels to the child's city, which preserves regular in-person contact without pulling the child out of school. For very young children, shorter and more frequent blocks reduce separation stress; for teenagers, plans often shift toward the child's own scheduling input, consistent with the s. 16(3) direction to weigh the child's views.
Precision prevents future disputes. A strong schedule specifies exchange dates and times, who is responsible for booking and paying for travel, the airport or midpoint of exchange, and a default rule for what happens when a flight is delayed or cancelled. It should also handle overlap between summer parenting time and the child's camps, sports, or part-time jobs. Because school calendars shift year to year, many Ontario plans define breaks by reference to the child's actual school board calendar rather than fixed dates. You can estimate how a block schedule translates into annual overnights using our Canada parenting time calculator, which helps both parents see the real split before signing.
Virtual Parenting Time: Video Calls, FaceTime, and Contact
Virtual parenting time is now a standard clause in Ontario long-distance plans, giving the distant parent scheduled video contact such as three 20-minute FaceTime or Zoom calls per week between in-person blocks. The Divorce Act supports this through the best-interests requirement in s. 16(3) to preserve the child's relationship with each parent, and separated-but-non-divorcing families can secure a contact order under s. 16.5.
What many parents search for as "virtual visitation" or "FaceTime custody" is, in Ontario's proper vocabulary, virtual parenting time or virtual contact. The remote parenting tools have matured: scheduled video calls, shared photo streams, collaborative homework sessions over screen share, bedtime story calls, and reading the same book together on camera all count as meaningful contact. A good clause sets frequency and duration, protects the child's other activities (a call should not routinely override a soccer game), gives the child age-appropriate privacy, and asks the local parent to make the child reasonably available and technically able to connect. For toddlers, calls are short and parent-facilitated; for older children, calls can be longer and self-directed.
Virtual contact supplements but does not replace in-person parenting time. Ontario courts treat screen time as a bridge between physical visits, not a substitute for them, and they expect the local parent to actively support the connection rather than passively allow it. Plans often add practical safeguards: a backup call time if the child is sick or travelling, a rule that neither parent monitors or interrupts the other's calls, and an agreement to keep devices charged and connected. For families across the U.S. border, plans also address time-zone differences so an out of state parent is not stuck calling at 5 a.m. Because virtual contact is cheap and flexible, it is often the single most reliable thread keeping a long distance parenting plan Ontario child connected to both homes between flights.
Decision-Making Responsibility When Parents Live Apart
Decision-making responsibility, defined in Divorce Act s. 16.3, covers major choices about a child's health, education, religion or spirituality, and significant extracurricular activities, and it can be allocated jointly or to one parent even when parents live thousands of kilometres apart. Distance does not automatically strip an out-of-province parent of this authority; the court allocates it based on the s. 16(3) best-interests factors.
Many long-distance families keep joint decision-making because major decisions are infrequent and can be made over email, phone, or video. A plan can require the parents to consult on choices like changing schools, elective surgery, or a new religious upbringing, while leaving routine, time-sensitive matters (a same-day doctor's visit, daily meals, homework) to whichever parent has the child at that moment under their s. 16.2 parenting time. Where high conflict makes joint decisions unworkable, courts may split authority by subject, for example giving one parent final say on education and the other on health, or grant sole decision-making with an obligation to inform the other parent.
Information-sharing rights matter enormously across distance. Under Divorce Act s. 16.4, a parent with parenting time or decision-making responsibility is generally entitled to ask third parties such as schools and doctors for information about the child's health, education, and welfare, unless a court orders otherwise. For the distant parent, this means direct access to report cards, medical records, and school portals rather than depending on the other parent to relay news. A durable plan spells out these rights: both parents on the school's contact list, both able to attend parent-teacher meetings by video, and a duty to promptly notify the other of any emergency. To understand how these responsibilities compare with other arrangements, see our overview of how parenting arrangements work.
Travel, Exchanges, and Cost Allocation
Travel cost is often the most contested clause in a long-distance plan, and Ontario courts expect it to be addressed directly, with round-trip flights between distant Canadian cities commonly running $300 to $900 and cross-border trips more. There is no fixed statutory formula; courts allocate travel expenses as part of the overall best-interests and support picture, frequently in proportion to each parent's income.
Common allocation models include splitting travel 50/50, dividing it in proportion to income, or assigning the cost to the parent whose move created the distance, especially where that parent relocated voluntarily. Some plans have the distant parent cover the cost of bringing the child to them, reasoning that the parent who chose the distance should bear its price. Whatever the split, the plan should name who books the tickets, the timeline for booking (early booking lowers fares), the class of service, and what happens to non-refundable costs if a visit is cancelled for illness or weather. For younger children who need an accompanied minor service, the plan should say who arranges and pays the airline's unaccompanied-minor fee, which many carriers charge at roughly $100 to $150 each way.
Exchange logistics deserve equal precision. The plan should identify the exchange point (an airport, a midpoint city, or a supervised location if there is a safety concern), the handoff time, and the documents the child must travel with, including a health card, passport for international travel, and a consent-to-travel letter signed by the non-accompanying parent. Ontario families crossing the border should carry a notarized travel consent letter, because border officers may ask for proof that both parents authorize the trip. Building these details into the order, rather than negotiating them trip by trip, is what keeps a long-distance plan from collapsing into monthly arguments. Where a move is voluntary and the distant parent has limited income, courts sometimes offset travel costs against child support so the schedule stays financially realistic.
Filing, Fees, and Residency in Ontario
To obtain a divorce and an accompanying parenting order in Ontario, one spouse must have been ordinarily resident in the province for at least 12 months before filing, under Divorce Act s. 3(1), and the total court filing cost is $669 plus a $10 Central Registry of Divorce Proceedings fee, for $679 in all. These fees are current as of January 2026. Verify with your local clerk.
The residency rule is jurisdictional: if neither spouse has lived in Ontario for the required year, the Superior Court of Justice cannot grant the divorce, and the application may be dismissed or paused until the requirement is met. "Ordinarily resident" means Ontario is where the spouse normally lives; short absences for vacation or work do not break the year, provided the spouse intends to return. For long-distance families, this matters because the parent who stays in Ontario usually anchors jurisdiction even when the other parent has already moved away.
The fee structure comes in two installments: $224 when the Application (Form 8A) is issued and $445 when the Affidavit for Divorce is filed, plus the $10 federal registry charge. A Divorce Certificate, if you request one later, costs about $24. Spouses receiving Ontario Works, ODSP, or who meet low-income thresholds may apply for a Fee Waiver that eliminates the $669 in court fees entirely. Beyond court fees, budget for a process server (typically $85 to $170) to serve the other spouse. A parenting plan can be filed as part of an uncontested divorce or negotiated separately and incorporated into the final order. Because Ontario divides property by equalization of net family property rather than by community-property rules, the parenting plan is legally distinct from the financial settlement, though the two are usually resolved together. To see how the whole process fits together, our personalized divorce roadmap sequences the steps from filing to final order.