Common Parenting Time Schedules for Separated Parents in Ontario

Parents often hear schedule names such as week-on week-off or a rotating pattern of short blocks, and wonder which one is right. In practice there is no correct answer that applies to every child.

This article describes common types of schedules in plain words, explains what Ontario law asks you to focus on, and shows how to put your choice in writing.

What the law says about schedules

Parenting time is the time a person spends with the child under the law. It includes the right to visit with and be visited by the child, and the same right as a parent to make inquiries and receive information about the child's well-being.

Under the Divorce Act and the Children's Law Reform Act, a child should have as much time with each parent as is consistent with the child's best interests. Justice Canada says the right amount depends on the individual child's circumstances and is subject to the child's safety. This is not a promise of equal time, and it does not set a minimum or a fixed number.

Which statute applies depends on marital status. The Divorce Act applies to married spouses in a divorce, and the Children's Law Reform Act applies to unmarried or common-law parents and to married parents who are not divorcing.

Common types of schedules

Families usually build a schedule from a few basic patterns. These are examples only, not legal categories.

Whatever the pattern, a workable schedule usually states the days, exchange times, who transports the child and what happens on holidays.

Choosing a schedule for your child

The court's primary consideration is the child's physical, emotional and psychological safety, security and well-being. The best-interests factors include the child's needs given age and stage of development, the child's relationships, the history of care, each parent's ability to care for the child and to communicate and cooperate, and the child's views and preferences. The list is not exhaustive.

Justice Canada's guide notes that a schedule suited to a teenager is unlikely to suit an infant or toddler. There is no age-based schedule set out in the law, so courts apply the general best-interests factors. If your child is very young, ask a lawyer how those factors apply to your situation.

Where possible, the court takes the child's views and preferences into account to the extent the child can express them. The court may interview the child, and the interview must be recorded. In some cases the court may appoint a qualified professional to assess the child's needs and each party's ability to meet them.

• Your child's age, routines and temperament.
• Distance between homes, school and activities.
• Each parent's work hours and support network.
• How well you can communicate and cooperate.
• Any safety concerns, including family violence.

Safety, supervision and changing circumstances

Where there are safety concerns, the court may direct supervision of parenting time or contact, but the supervisor must first consent. Ontario's guidance says the supervisor can be an agreed person, a paid professional, or staff at a Supervised Access Centre. Family violence includes conduct that is violent or threatening, forms a pattern of coercive and controlling behaviour, or causes fear for safety, and it need not be a criminal offence.

Schedules sometimes need to change. A person with decision-making responsibility or parenting time who plans to change residence must notify others who have decision-making responsibility, parenting time or contact, in writing. A move likely to significantly affect the child's relationship with a person who has parenting time, decision-making responsibility or contact is a relocation, and notice of a relocation must be given at least 60 days before the expected move date, in the prescribed form, although a court may, on application, waive or modify the notice requirements, including where there is a risk of family violence.

What to do next

Separated cohabitants may agree in a separation agreement on decision-making responsibility and parenting time. An agreement is unenforceable unless it is in writing, signed by the parties and witnessed. A court may disregard a parenting time provision if that is in the child's best interests. When it makes an order, the court must include a written parenting plan the parties have agreed on, and may change the plan if that is in the child's best interests.

• Write down what a normal week and a normal month look like for your child.
• Choose a pattern from the examples above, and test it against your child's age and needs.
• Add exchange times, transportation and holiday terms.
• Agree on how you will communicate and how you will resolve disagreements, such as family dispute resolution where appropriate.
• Consider a trial period and a date to review the schedule.
• Show the draft plan to your own legal adviser before signing.

Frequently asked questions