Parenting Arrangements in an Ontario Divorce Order

When parents divorce, the biggest worry is usually the children: where they will live, who makes important decisions and how much time each parent has. In Ontario, divorce cases are heard only in the Superior Court of Justice, including its Family Court branch.

This article explains what the court looks at, how a parenting plan fits in, and what other child-related steps come up. It is general information, and a lawyer can help with your own situation.

How children are dealt with in the divorce

Only the Superior Court of Justice, including its Family Court branch, deals with divorce and property claims. How parenting issues are handled alongside your divorce depends on your situation, so it is worth confirming with a lawyer. The two main topics are decision-making responsibility, meaning who makes important decisions for the child, and parenting time, meaning when the child is with each parent.

Before it grants a divorce, the court must be satisfied that reasonable arrangements have been made to support any children of the marriage. If they have not, it delays the divorce. In an uncontested divorce, the Form 36 affidavit must give the child support arrangements.

What the court looks at

In making parenting orders, the court considers only the child's best interests. It gives primary consideration to the child's physical, emotional and psychological safety, security and well-being.

This means the order is not about what is fair to each parent, and it is not about blame between the spouses. If safety is a concern, tell your lawyer and the court early. Mediators also screen for safety throughout the process.

Do you need a parenting plan?

A parenting plan is not required. But if the parties submit one, the court must include it in the parenting order, unless that is not in the child's best interests, in which case the court can modify the plan.

• A plan can set out the schedule, holidays and how decisions will be made.
• It can record how you will communicate and how you will handle disagreements.
• It works best when both parents have thought about the child's age and needs.

If you can agree on a plan, you may avoid contested court steps. If you cannot, a judge decides based on the child's best interests.

Settling, mediating or going to court

Where appropriate, parties must try to resolve their issues through a family dispute resolution process such as mediation, and lawyers must encourage them to do so. Most parties in family cases must also attend the free Mandatory Information Program, which covers the court process, dispute resolution options and the effects of separation on children and adults.

If the other parent files an answer, a judge must hold at least one conference, subject to some exceptions. A case conference explores the chances of settlement and identifies which issues are in dispute, and a settlement conference aims to settle or narrow them. Parties attend these conferences.

A respondent served in Canada or the US has 30 days to serve and file an answer, and a respondent served elsewhere has 60 days.

Child support, moving and other points

If the only support claim is child support in the table amount, no financial statement is needed, unless there is also a property claim or a claim for exclusive possession of the matrimonial home. Child support is not deductible for tax.

A person with parenting time or decision-making responsibility who plans to relocate must give at least 60 days' notice, in the prescribed form, to anyone else with parenting time, decision-making responsibility or contact. Do not move a child first and sort it out later.

If you need to stay in the family home with the children, a court can order exclusive possession. The factors include the children's best interests, whether other suitable and affordable housing is available, and any violence by a spouse.

What to do next

• Write down the current routine: school, activities, who does what.
• Think about what schedule and decision-making would work for each age and stage.
• Draft a parenting plan if you and the other parent can talk about one.
• Register for the Mandatory Information Program if it applies to you.
• Get legal advice before moving or changing the arrangements.

Frequently asked questions