- Under the Divorce Act, a court deciding parenting matters considers only the child's best interests.
- Parenting time may be set by a schedule, and the parent with the time generally makes day-to-day decisions during it.
- If each parent has at least 40% of parenting time over a year, child support table amounts are not applied automatically.
- Clear, specific wording about days, times, exchanges and holidays prevents most later disputes.
A vague parenting plan works until the first disagreement about who has the children on a long weekend. Writing a clear schedule into your separation agreement is one of the most practical things you can do for your children and for each other.
This article explains the rules that frame a schedule and gives plain-language examples of how to word weekdays, holidays and summer. There is no statutory form for a schedule, so the examples are drafting ideas, not required wording.
The rules that frame a schedule
When a court under the Divorce Act decides parenting matters, it considers only the best interests of the child. Parents making their own agreement should keep the same focus: what works for the children, not what feels fair between the adults.
The Act says parenting time may be allocated by way of a schedule. Unless the court orders otherwise, the person with parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. That is why a schedule matters: it also decides who handles everyday matters at a given moment.
The Act also says parties should, where appropriate, try to resolve matters through negotiation, mediation or collaborative law, and must protect any child from conflict to the best of their ability. A schedule that is specific tends to lower conflict.
Drafting the regular weekly schedule
Start with the ordinary week, since it covers most of the year. Describe it so a stranger could follow it. Useful elements include:
- Which days and nights the child is with each parent, using a repeating pattern such as every second weekend or a set midweek dinner or overnight.
- Exact start and end times, for example after school on Friday until the start of school on Monday.
- Who does pick-up and drop-off, and where exchanges happen, such as school or a named public location.
- How a missed or changed visit is handled, including how much notice is given and whether time is made up.
- How the child will communicate with the other parent by phone or video during the other parent's time.
An example of wording: the child will be in the care of the mother from Sunday at 6 p.m. to Thursday at 6 p.m. each week, and in the care of the father from Thursday at 6 p.m. to Sunday at 6 p.m., with exchanges at the child's school where school is in session. Adjust the days to your family.
Holidays, birthdays and summer
Holiday terms usually sit above the regular schedule, so that holiday time overrides the usual rotation. Say that clearly in the agreement, then list the occasions that matter to your family.
| Occasion | Ways to word it |
|---|---|
| Christmas break | Split the school break in two halves, or alternate which parent has Christmas Eve and Christmas Day each year, with the pattern reversed in the next year |
| Thanksgiving, Easter and other long weekends | Alternate by year, or assign each holiday to one parent every year, with start and end times stated |
| Religious or cultural days | Name the days that matter and who has the child on each, including in odd and even years |
| Birthdays | State whether each parent has a short visit with the child on the child's birthday and the parents' birthdays, or whether the regular schedule applies |
| Mother's Day and Father's Day | Often assigned to the matching parent each year, regardless of the regular schedule |
| Summer | Two or more blocks of consecutive days for each parent, with a date by which each must give notice of their chosen weeks |
For summer, set a deadline for choosing vacation weeks and say what happens if the parents choose the same week. Many agreements give one parent priority in even years and the other in odd years.
Travel, changes and review
Cover travel with the child. State how far in advance a parent must give notice of a trip, what information is provided, such as an itinerary and contact details, and whether the other parent must sign consent for passports or travel documents.
Children grow, and schedules for a toddler rarely suit a teenager. Consider a review clause that says when the parents will revisit the schedule, perhaps when the child starts school or high school, and a step to try before court, such as mediation. Remember that only a court can change a support order or domestic contract, and changing a contract means negotiating a new one and filing it with the court using form 26B.
Parenting time can also affect child support. When each spouse has not less than 40% of parenting time over a year, the table amounts are not applied automatically. Check how your schedule counts before you finalize either the schedule or the support terms.
What to do next
- Map out a typical week and a typical month, then check it against your work schedules and the child's school and activities.
- List every holiday and special day that matters to your family, and decide who has each one in odd and even years.
- Draft exact times and exchange locations rather than general phrases like reasonable access.
- Add a notice period for changes, a travel clause and a review clause.
- Count the expected percentage of time with each parent, since it may affect child support.
- Have a family lawyer review the draft before signing, since the agreement is hard to change later.
Frequently asked questions
Is there an official form for a parenting schedule?
No statutory form is provided for the wording of a schedule in a separation agreement. The Divorce Act simply says parenting time may be allocated by way of a schedule. A lawyer can help you draft wording that fits your family.
Do holidays override the regular schedule?
Only if your agreement says so. It is best to state clearly that holiday and vacation time takes priority over the regular rotation, and to say how the pattern resumes afterward.
Who decides things during a parent's time with the child?
Unless a court orders otherwise, the person with parenting time has exclusive authority to make day-to-day decisions affecting the child during that time. Bigger decisions fall under decision-making responsibility, which is a separate topic.
Can we change the schedule later?
Parents can agree to a new arrangement, but formally changing a domestic contract means negotiating a new contract and filing it with the court using form 26B. A review clause makes this smoother.
Sources
- Divorce Act, Justice Laws — Justice Laws (federal)
- Federal Child Support Guidelines (SOR/97-175), Justice Laws — Justice Laws (federal)
- Ontario.ca: Child and spousal support — ontario.ca
- Ontario.ca: Dividing property when a marriage or common law relationship ends — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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