What Should Go in a Parenting Agreement in Ontario?
A good parenting agreement sets out who makes major decisions, when the child is with each parent, how holidays and travel work, and how you will communicate. It holds up best when it is put into a separation agreement or a court order.
Decision-making responsibility covers significant decisions about health, education, culture, language, religion and spirituality, and significant extracurricular activities. It can be joint, sole or divided, where each parent decides different areas. Parenting time is the time the child spends in a person's care, and it can be set out in a schedule. Plan for holidays, school breaks and how you will keep in touch by phone, e-mail, text or video chat. For travel, the Canada Border Services Agency says a parent who shares custody and travels without the other parent should carry a notarized consent letter.
If you are divorcing, the court must include a plan you submit in a parenting order or contact order unless it is not in the child's best interests, in which case it may modify it. Parents who were never married, or who are not divorcing, need a parenting order under Ontario's Children's Law Reform Act instead. A lawyer can help you confirm the details.
Key takeaways
- Decision-making responsibility can be joint, sole or divided between parents.
- Parenting time can be set out in a schedule, and holidays, school breaks and communication methods are worth deciding in advance.
- An informal plan can be difficult to enforce, so it is better placed in a separation agreement or court order.
- A plan should be realistic and allow for unforeseen events such as illness, and should consider how it may change as the children grow.