How to Make a Parenting Plan in Ontario: What to Include and When a Court May Follow It
Quick Answer
A parenting plan is a written agreement that separated parents in Ontario use to set out how they share the care of their child — who makes major decisions, when the child is with each parent, and how the parents share information. A workable plan typically covers decision-making responsibility, a parenting-time schedule, holidays and special days, travel and relocation notice, communication, and how disagreements are resolved. Ontario law uses the terms decision-making responsibility and parenting time, which replaced the older words custody and access in 2021. A signed parenting plan is a binding agreement between the parents, but its parenting terms are not enforced the same way as a court order; parents who want the court's enforcement tools typically ask a court to include the plan in a consent order. Every parenting arrangement is measured against the best interests of the child, so a court may decline to follow, or may later change, a plan that no longer serves the child.
Why a Clear Parenting Plan Is Worth Getting Right
A parenting plan is one of the most useful documents separated parents can create, and one of the easiest to get wrong. Two parents often arrive at this point from very different places. One is trying to set out a calm, workable arrangement so the children keep a steady routine. The other is worried that whatever they agree to may not hold if the other parent stops cooperating.
Both concerns are reasonable, and both point to the same answer: a clear, specific plan. A plan that spells out who decides what, where the children are on any given day, and how the parents handle disagreements can keep a family out of court. A vague one often does the opposite. This guide walks through what a strong plan covers and how it becomes enforceable in Ontario.
Which Parent Are You Right Now?
Parents come to the parenting-plan question from a few common starting points, and each is answered by a different part of this guide.
What a Parenting Plan Is in Ontario
Ontario law changed its language in 2021. What used to be called custody is now decision-making responsibility, the authority to make major decisions about a child's health, education, and upbringing. What used to be called access is now parenting time, the time a child spends in the care of each parent. Contact is time with someone who is not a parent, such as a grandparent. Our page on child custody and access in Ontario explains how these ideas fit together.
What Every Ontario Parenting Plan Should Cover
| Building block | What a strong clause sets out |
|---|---|
| Decision-making responsibility | Who makes major decisions about health, education, and upbringing — together, one parent, or split by area. |
| Parenting-time schedule | Where the child is on regular days, with specific pick-up and drop-off times and places. |
| Holidays and special days | School breaks, statutory holidays, birthdays, and religious or cultural occasions, settled in advance. |
| Travel and relocation notice | How much notice a parent gives for a trip or a move, alongside Ontario’s separate relocation rules. |
| Communication | How the parents share information about the child between homes. |
| Dispute resolution | An agreed way to resolve disagreements, such as mediation before court. |
| Review | When the plan is revisited as the child grows. |
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Two of these areas carry rules worth flagging on their own. Travel and relocation follow Ontario’s separate relocation rules, with their own deadlines, explained in our guide on moving with your child after separation. And child support is a separate matter with its own rules, handled outside the parenting plan; see our page on child support in Ontario.
Is a Parenting Plan Legally Binding in Ontario?
There are three common ways to record a parenting arrangement in Ontario, and they differ in how they are enforced. A plan the parents simply sign is a contract between them. It records what they agreed on and can be strong evidence of their intentions. But if one parent stops following it, the other cannot ask the court to enforce the parenting terms as a court order.
A parenting plan can also form part of a separation agreement, a broader written contract that deals with parenting, support, and property. Under section 35 of the Family Law Act, the support terms of a separation agreement can be filed with the court and enforced through the Family Responsibility Office, the provincial agency that collects support payments. That filing route applies to support, not to the parenting terms. Our page on separation in Ontario explains how these documents fit together.
| Signed plan on its own | Plan inside a separation agreement | Plan in a consent order | |
|---|---|---|---|
| What it is | A private contract the parents sign. | A broader written contract covering parenting, support, and property. | An order a court makes with both parents’ agreement. |
| Parenting terms enforced by | Contract remedies only — not enforced as a court order. | Contract remedies; the parenting terms still typically need a court order to use the court’s tools. | The court’s own enforcement tools. |
| Support terms enforced by | Contract remedies only. | Can be filed under Family Law Act s. 35 and enforced through the Family Responsibility Office. | Filed and enforced through the Family Responsibility Office. |
| Changing it | By agreement between the parents. | By agreement between the parents. | Typically needs the court’s involvement. |
| Best suited when | The parents trust each other to follow it. | The parents want one document covering all issues. | The parents want the court able to enforce the parenting terms. |
General information, not legal advice.
Nihang Law Professional Corporation · Law Society of Ontario
Best interests sit behind all of this. Under section 24 of the Children's Law Reform Act, which applies to all Ontario parents, and section 16 of the Divorce Act, which applies to married parents who are divorcing, a court decides parenting questions by the best interests of the child, giving primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. That is why a plan the parents like can still be changed: the court keeps the child's interests at the centre.
How to Make Your Plan a Court Order
If you want your plan to be enforced, you can ask a court to turn the plan into an order. Under section 16.6 of the Divorce Act, a court is directed to include a parenting plan the parents submit in its order, unless doing so would not be in the child's best interests, in which case it may modify the plan first. Most parents do this by filing agreed materials and asking for a consent order, rather than by holding a full hearing.
Formalising a plan is not always necessary. Where two parents communicate well and trust each other to follow what they agreed on, a signed plan may be enough. Where there is a history of missed exchanges, or a real risk the plan may not be honoured, a court order gives access to enforcement tools that a private agreement does not. If your matter gets to the point of putting evidence before a court, our guide on the Form 35.1 parenting affidavit explains one of the documents often involved.
A Step-by-Step Path to a Workable Parenting Plan
Building a plan is more manageable when you take it in order. The path below works whether you are drafting together or on advice from a lawyer.
- 1Talk it throughBefore drafting anything, discuss the big questions: decisions, schedule, holidays, and communication.
- 2Draft the termsPut the arrangement in writing, using clear and specific language rather than general statements.
- 3Build the schedule and holiday planSet out regular days first, then holidays and special occasions, so the calendar is settled in advance.
- 4Get advice or try mediationA family lawyer or mediator can spot gaps and help resolve sticking points before they become disputes.
- 5Sign the planBoth parents sign, ideally after each has had a chance to get independent legal advice.
- 6Formalise the plan if neededWhere enforcement matters, ask a court to include the plan in a consent order.
- 7Review as the child growsRevisit the plan at agreed points, because a child's needs change over time.
If you would like a starting framework, the Association of Families and Conciliation Courts (AFCC) Ontario publishes a free Parenting Plan Guide and Template built around children's developmental needs, which many parents and mediators use.
Nihang Law Professional Corporation · Law Society of Ontario
When a Co-operative Plan May Not Fit
The co-operative approach in this guide assumes two parents who can communicate and negotiate in reasonable safety. However, not every family can do that. Where there has been family violence, or where one parent fears for their own or the child's safety, the usual model of a jointly drafted plan may not be appropriate, and a template is not the right tool.
In those situations, a court can make orders that protect a child and a parent, and the law treats the child's safety as the primary consideration. If this describes your circumstances, speak with a family lawyer about your options. If you are in immediate danger, contact local support services or emergency services.
Common Mistakes When Making a Parenting Plan
A few avoidable errors turn a workable plan into a future dispute. Steering clear of these mistakes protects everyone, especially the child.
- •Writing a vague schedule. “Reasonable and generous time” sounds fair but invites disagreement; specific days and times do not.
- •Leaving out holidays and special days. These are the flashpoints, so settle them in the plan rather than each December.
- •Forgetting a dispute-resolution step. Without an agreed way to resolve disagreements, small issues can escalate straight to court.
- •Ignoring relocation and travel. A plan that says nothing about moves or trips leaves a gap that Ontario's relocation rules then fill, but in ways the parents did not choose.
- •Treating the plan as permanent. A plan that suits a 5-year-old rarely suits a 15-year-old, so build in review points.
- •Assuming a signed plan is automatically a court order. It is not, and formalising it is a separate step, covered above.
Frequently Asked Questions
Do I need a lawyer to make a parenting plan in Ontario?
Is a parenting plan legally binding in Ontario?
What should a parenting plan include?
What is the difference between decision-making responsibility and parenting time?
Does a parenting plan have to go to court in Ontario?
Can we change a parenting plan after we sign it?
What happens if the other parent does not follow the parenting plan?
Can I move with my child if we already have a parenting plan?
Getting Advice Before You Finalise Your Plan
A well-drafted parenting plan can give a family stability and keep everyday decisions out of the courtroom. The key is to be specific, to keep the child's best interests at the centre, and to understand when a signed plan is enough and when a court order adds protection. No lawyer can promise how a court may view a particular arrangement, but understanding the process lets you make a considered choice.
At Nihang Law, Qasim Ali, Principal Lawyer, and our family law team help parents across Toronto, Scarborough, and the wider GTA build workable parenting plans and, where needed, formalise them. If you are putting a plan together, speak with our team before you finalise it.
Putting a parenting plan together?
Nihang Law helps parents across Toronto, Scarborough, and the wider GTA build workable parenting plans and, where needed, formalise them.
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About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Children's Law Reform Act, R.S.O. 1990, c. C.12, ss. 24, 39.1–39.4 (best interests; relocation notice)
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 16, 16.6, 16.9 (best interests; parenting plans; relocation)
- Family Law Act, R.S.O. 1990, c. F.3, s. 35 (filing a domestic contract)
- Government of Ontario — Child and spousal support / Family Responsibility Office
- Department of Justice Canada — Parenting Plan Checklist
- Association of Families and Conciliation Courts (AFCC) Ontario — Parenting Plan Guide and Template
- Law Society of Ontario