What Is the Difference Between a Parenting Order and a Parenting Agreement in Ontario?
A parenting order is a legal order that sets out decision-making responsibility or parenting time, and the court can enforce it. An informal parenting plan, by contrast, can be difficult to enforce.
You can make a plan stronger by including it in a separation agreement or in a court order. Parents who agree during a case can ask a judge to make an order on consent. If a parenting order is not followed without good reason, the court can act against the person who did not comply, including a fine or jail.
Parents who were never married, or who are not divorcing, cannot get a Divorce Act order and need a parenting order under Ontario's Children's Law Reform Act. Changing the arrangement works differently too: parents can update an agreement by agreeing to the change, but a court order can only be changed by a new decision from the court. If you expect disagreement or have safety concerns, an order may suit you better, but a lawyer can help you decide before you sign.
Key takeaways
- An informal parenting plan can be difficult to enforce, while a parenting order is a legal order the court can enforce.
- You can put a plan into a separation agreement or a court order to make it easier to enforce.
- Parents can update an agreement by agreeing to the change, but a court order can only be changed by a new decision from the court.
- Parents who were never married, or who are not divorcing, cannot get a Divorce Act order and need a parenting order under Ontario's Children's Law Reform Act.