How do we handle parenting arrangements in our separation agreement in Ontario?

A separation agreement in Ontario should include a parenting plan that sets out how each parent will be involved in the children's lives after separation. Ontario updated its family law terminology in 2020 to align with the federal Divorce Act: what was previously called "custody" is now called "decision-making responsibility," and what was called "access" is now called "parenting time."

The parenting plan should address two distinct things. Decision-making responsibility covers who makes major decisions about the children's health, education, and religion — either one parent alone, or both jointly. Parenting time is the schedule of when each parent will have the children, including weekday routines, weekends, school breaks, holidays, and special occasions like birthdays and parents' special days.

A parenting plan that is specific and detailed tends to cause fewer disputes. Vague terms like "reasonable access" often lead to disagreements about what "reasonable" means. Including a process for how parents will communicate about the children and how schedule changes are handled reduces friction.

Courts will not approve parenting arrangements that are not in the children's best interests, so even in an agreement, these provisions remain subject to court review if circumstances change.