- The Divorce Act sets no presumption of a particular schedule such as 2-2-3 or week on/week off.
- Courts look at the child's best interests, including age, stage of development and the need for stability.
- A written plan in a separation agreement or court order is easier to enforce than an informal one.
If you are separating, you have probably heard of the 2-2-3 schedule and the week on/week off schedule. Parents often wonder whether one of them is the standard and which fits their family.
This article explains what these common schedules look like, what the law actually says about them, and how a child's age and your work pattern can affect the choice. They are options, not entitlements, and a lawyer can help you apply them to your situation.
What the law says about schedules
When allocating parenting time, the court must give effect to the principle that a child should have as much time with each parent as is consistent with the child's best interests. The Act sets no presumption of a particular schedule, such as 2-2-3 or week on/week off.
Parenting time may be set out in a schedule. Unless the court orders otherwise, the person exercising parenting time has exclusive authority to make day-to-day decisions affecting the child during that time.
The court considers the child's needs given their age and stage of development, including the need for stability, along with the history of care and each parent's willingness to support the child's relationship with the other parent.
Common schedule options
| Schedule | How it generally works | Often discussed for |
|---|---|---|
| 2-2-3 | The child spends two days with one parent, two with the other, then three days with the first, and the pattern alternates. | Families wanting frequent contact with both homes |
| Week on/week off | The child spends a full week with each parent in turn. | Older children, and parents who live reasonably close |
| Primary home with alternating weekends | The child lives mainly in one home and spends weekends and some midweek time with the other parent. | Situations where one home is the main base |
| Graduated schedule | Time with a parent builds in steps over weeks or months. | Reintroducing contact after a long gap |
These are common ways people describe schedules, not legal categories. Courts order such terms case by case under their general power to set terms and conditions.
Age, work patterns and flexibility
A plan that works for a toddler may not suit a teenager. Parents are asked to consider the children's ages and how the plan may change as they grow. Younger children are often thought to do better with shorter gaps between parents, while older children may manage longer blocks, but this varies by child.
If you work shifts or irregular hours, the plan should be flexible enough to be realistic and allow for unforeseen events such as illness. Distance between homes and school locations also matter in practice.
The child's views and preferences are considered and given due weight according to the child's age and maturity, unless those views cannot be ascertained.
Holidays, communication and safety terms
- Holidays: decide whether they alternate between households and who cares for the children during school breaks and statutory, civic and religious holidays.
- Communication: decide whether contact between parent and child, and between parents, will be by phone, e-mail, text, social media or video chat.
- Video or phone contact and tailored conditions can be written into an order under the court's power to provide for any other matter it considers appropriate.
- Safety: a parenting order may require that parenting time, or the transfer of the child, be supervised.
Supervised parenting time can be arranged where there are safety concerns. The supervisor may be a friend or relative both parents agree on, a paid professional, or trained staff at a Supervised Access Centre. Availability and services vary by region.
Putting your schedule in writing
An informal parenting plan can be difficult to enforce. A plan can instead be included in a separation agreement or in a court order. If a plan is submitted, the court must include it in the order unless it is not in the child's best interests, in which case it may modify it.
Schedules can be revisited as children grow. 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.
- List the child's school, activity and medical routines.
- Map out both parents' work schedules, including shifts and travel.
- Write down a holiday and school-break plan.
- Decide how you will communicate and how changes will be made.
- Have a lawyer review the plan before you sign or file it.
Frequently asked questions
Is 2-2-3 or week on/week off the default in Ontario?
No. The Divorce Act sets no presumption of a particular schedule. The court looks at what is in the child's best interests.
Can a court order video calls between visits?
A court can write video or phone contact or tailored conditions into a parenting order. It is a common option rather than a guaranteed right.
What if my work hours change often?
Plans should be flexible enough to be realistic and allow for unforeseen events. A lawyer can help you build in flexibility while keeping the plan clear enough to enforce.
Can we change the schedule later?
If you have an agreement, you can update it by agreeing to the change. A court order can only be changed by a new decision from the court.
Sources
- Divorce Act, s. 16(1)–(2) — Justice Laws (federal)
- Divorce Act, s. 16.1(4) — Justice Laws (federal)
- Ontario.ca – Parenting time, decision-making responsibility and contact — ontario.ca
- Justice Canada – Parenting Plan Checklist — justice.gc.ca
- Justice Canada, Making plans, Section 6 — justice.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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