Long-Distance Parenting Plan in Ontario: What to Include

When parents live in different cities or provinces, the usual weekly schedule stops working. Travel time, cost and school calendars all shape what is realistic, and a vague plan tends to cause arguments later.

This article explains what a long-distance parenting plan usually covers in Ontario, how an agreed plan becomes enforceable, and what to do if the other parent plans to move.

What a long-distance plan should cover

A parenting plan is a written set of arrangements for your child. Justice Canada suggests a plan cover decision-making, a parenting schedule including holidays, transportation (especially if parents live far apart), vacations outside the province or country, passport applications and consent letters for travel.

• Who makes major decisions and how you will share information
• The regular schedule and the holiday and school-break schedule
• Who travels with the child, who books and who pays
• Where and when exchanges happen
• How and when video calls happen
• Passport applications and travel consent letters
• How you will resolve disagreements

The same source notes that a schedule suited to a teenager is unlikely to suit an infant or toddler. Build the plan around your child's age and needs, not a fixed formula.

School breaks, travel and exchanges

Distance usually means fewer, longer blocks of time, often in summer, March break and holidays. Spell out which parent has which breaks, how far ahead dates are confirmed, and who accompanies a young child on the journey.

On cost, if a relocation is authorized under the Divorce Act, the court may divide the costs of exercising parenting time, such as travel, between the parties. How travel costs are shared in an agreement depends on your situation, so it is worth confirming with a lawyer.

Exchanges should name the place, the time and what happens if a flight or drive is delayed. If there are safety concerns, options include supervised exchanges.

Video calls and staying in touch

A parenting order can set rules for communication with the child, such as calls or video, during another person's parenting time, and can include any other matter the court considers appropriate. That power comes from the Divorce Act, which applies to married spouses. For unmarried parents, or married parents who are not divorcing, how video-call terms are made binding depends on your situation, so it is worth confirming with a lawyer.

• Set regular days and times, allowing for the child's age and routine
• Say what happens if a call is missed
• Agree that the parent with the child will make reasonable efforts to help the call happen
• Keep access to information about the child, since a person with decision-making responsibility or parenting time may ask for and receive information about the child's well-being unless the court orders otherwise

Making the plan binding

Separated cohabitants may agree in a separation agreement on decision-making responsibility and parenting time. To be enforceable, a domestic contract must be in writing, signed by the parties and witnessed. A court may disregard parenting terms if that is in the child's best interests, so an agreed plan never binds the court on these issues.

If you go to court, the court must include in its parenting order a written plan the parties have agreed on, though it may change the plan if that is in the child's best interests. A plan included in a Divorce Act order is legally binding. Justice Canada advises each parent to show the draft plan to their own legal adviser before signing.

If disputes about running the plan are likely, a parenting coordinator can help parents follow it, and the parents pay for the service. Whether the coordinator can make binding decisions depends on how the agreement is written, so ask a lawyer.

If a parent plans to move, and next steps

A person with decision-making responsibility or parenting time who plans to change residence must notify, in writing, others who have decision-making responsibility, parenting time or contact. For a relocation, notice must be given at least 60 days before the move, in the prescribed form, and include a proposal for how parenting time, decision-making and contact would work afterwards, although a court may, on application, waive or modify these notice requirements, including where there is a risk of family violence. The other party may object within 30 days. If there is an objection, the child cannot move without a court order.

• Write down what you want the schedule, costs and calls to look like
• Get the draft reviewed by a lawyer before signing
• Keep a copy of every notice and message about moves or travel
• If a move is proposed, note the dates of any notice you receive

Frequently asked questions