Parenting Coordinators in Ontario: What They Do and When to Use One

If you and the other parent argue about every handoff, holiday swap or schedule change, someone may suggest a parenting coordinator. It can sound like a way to stop going back to court, but the role is often misunderstood.

This article explains what a coordinator does, where their authority comes from in Ontario, and what limits to keep in mind before you agree.

What a parenting coordinator does

Justice Canada's guide describes a parenting coordinator as a professional who helps parents follow their parenting plan, and notes that the parents pay for the service. The role is aimed at parents who already have a plan or order but struggle to apply it day to day.

Parties also have duties in any family case. They must protect the child from conflict arising from the case as far as they are able and, where appropriate, try to resolve matters through a family dispute resolution process.

A coordinator usually works from a written parenting plan. Justice Canada's guide 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. It also notes that a schedule suited to a teenager is unlikely to suit an infant or toddler. A plan that is included in a Divorce Act order is legally binding. In court, the parenting order must include a written parenting plan the parties have agreed on, although the court may change the plan if that is in the child's best interests.

Mediator, arbitrator or coordinator?

These roles differ. Justice Canada notes that a mediator cannot make an order, while an arbitrator decides only because both parents agree to that. A parenting coordinator may be asked to do either helping or deciding, depending on what your documents say.

A parenting order under the Divorce Act may also direct the parties to attend a family dispute resolution process, subject to provincial law. Justice Canada advises each parent to show a draft parenting plan to their own legal adviser before signing it.

Where a coordinator's authority comes from

In Ontario, a binding decision by a third party on a family matter has legal effect only as a family arbitration award conducted exclusively under Ontario or other Canadian law. An award is enforceable only if the arbitration agreement is in writing, each party got independent legal advice before making it, and the requirements of section 38 of the Arbitration Act, 1991 are met.

An arbitration agreement and award are normally unenforceable unless the agreement was made after the dispute arose. Parenting coordination usually relies on an exception. A separation agreement, court order or award can provide for arbitration of future disputes about its ongoing management or implementation. For these, the timing rule does not make the award unenforceable, and the parties need not get independent legal advice before taking part.

If a coordinator makes an arbitral decision, a party entitled to enforce it may apply to the Superior Court of Justice or the Family Court.

Limits and questions to ask

Ontario law frames parenting coordination as consensual. Whether a court can order it without both parents agreeing is a question where a lawyer should confirm the current position for your case.

The law on a coordinator's qualifications and training is not covered here, so ask any proposed coordinator about their background and about what rules they will follow. Remember too that a court looks at a child's best interests and may disregard parenting terms in an agreement if that is in the child's best interests.

Safety concerns matter too. Family violence means conduct by one family member towards another 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. Where there are safety concerns, supervised parenting time can be arranged, and the supervisor can be an agreed person, a paid professional, or staff at a Supervised Access Centre. How a coordinator fits with those arrangements depends on your situation, so it is worth confirming with a lawyer.

• Does our agreement or order say that future disputes go to arbitration?
• What decisions can the coordinator make, and what stays with the court?
• How will costs be shared, given that parents pay?
• How are safety concerns, including family violence, handled?
• Can we get the coordinator's decisions enforced?

What to do next

• Read your current agreement or order to see whether it provides for arbitration of future disputes.
• Talk to a lawyer before signing any arbitration agreement.
• Ask about the coordinator's qualifications and the process in writing.
• Consider whether mediation or a clearer parenting plan would solve the problem first.
• Keep records of the specific disputes you want help with.

Frequently asked questions