Parenting Coordination in Ontario: How the Process Works Step by Step

If you and the other parent already have a parenting order or agreement but keep fighting over how it works day to day, going back to court each time is slow and stressful. Parenting coordination is one option some parents consider.

This article walks through how the process generally runs, what the paperwork involves, and where the limits are. The details depend on your agreement and the person you choose, so treat this as a general guide.

What parenting coordination is

Justice Canada describes parenting coordination as a child-focused process for disputes arising after an agreement or order about parenting. Coordinators may combine mediation and arbitration, and they can be family lawyers, mental health professionals, social workers, family therapists, mediators or arbitrators.

In plain terms, the coordinator helps with disagreements that come up after an agreement or order about parenting is in place. The court still decides what is in the child's best interests.

How it differs from mediation and arbitration

Because coordination can blend the two, it matters which role the coordinator is playing at any moment. When they are helping you reach agreement, it works like mediation. When they are deciding, the rules for family arbitration are what make the decision enforceable.

The process, step by step

The steps below describe how a process generally unfolds. The details depend on your agreement and the person you choose, so it is worth confirming them with a lawyer.

• Step 1: Agree to try it. Both parents decide to use a coordinator and choose someone suitable. Nobody should be pressured into it.
• Step 2: Get legal advice. For any part that involves arbitration, you and the other person must get independent legal advice before starting.
• Step 3: Sign a written agreement. In Ontario family mediation, the signed agreement to mediate covers the type of process, the issues, information sharing, the schedule and fees. A coordination agreement should be similarly clear about what the coordinator can and cannot decide.
• Step 4: Intake. In Ontario family mediation, intake happens with each person separately. Court-connected mediators also screen for safety at intake and throughout the mediation. Ask any coordinator how they approach safety concerns.
• Step 5: Sessions and discussion. The coordinator works with you on the specific dispute, aiming for agreement first.
• Step 6: Decision, if needed. If you cannot agree and the agreement allows the coordinator to decide, the decision is made in the child's best interest.
• Final step: Put it on record. You can file an arbitration award in court for parenting matters with the ILA certificates, the family arbitration agreement, the award and a Form 35.1 affidavit.

When decisions are binding and how they can be challenged

Whether a coordinator's decision is binding depends on the process. Arbitrators in Ontario are not regulated, but they must have approved family arbitration training. Each lawyer gives an independent legal advice certificate, and awards cannot be enforced in court unless both sides received legal advice. A decision-maker whose process is not run under Ontario or Canadian law does not produce a family arbitration award, and an award based on religious principles will not be enforced by a court. If the process does not meet these requirements, expect the coordinator's input to work more like mediation or recommendations.

Decisions about children must be made in the child's best interest, and the court is not shut out. Appeal and set-aside deadlines are short:

• With both parties' agreement, no leave is needed and the Notice of Appeal is due within 30 days.
• Otherwise, leave must be sought within 15 days.
• Temporary awards must be appealed within seven days.
• A request to set aside an award must be started within 30 days using Form 8.

If you think you may want to challenge a decision, speak to a lawyer right away because of these deadlines.

Safety and when it may not suit you

Justice Canada says mediation may not be safe or effective where there has been family violence and ongoing safety concerns. Options such as shuttle mediation (the mediator speaks to each party separately) and phone or video mediation exist. Court-connected family mediators in Ontario must complete 21 hours of intimate partner violence education or training and screen for safety at intake and throughout the mediation. Tell any professional about safety concerns before you start.

If a child may be in danger or at risk of being taken out of the country, Ontario.ca says to call the police right away. For urgent situations, a motion without notice may be available.

What to do next

• Reread your current order or agreement and list the specific disputes you want help with.
• Ask any proposed coordinator about their training, their profession and whether they act as mediator, decision-maker or both.
• Get independent legal advice before signing anything that allows binding decisions.
• Compare other options, such as courthouse mediation or a sliding-fee off-site mediator.
• Keep copies of every agreement, certificate and decision.

A family lawyer can confirm whether coordination suits your situation and review the agreement before you sign. The Law Society Referral Service can provide a family lawyer for an initial consultation of up to 30 minutes.

Frequently asked questions