Going through a separation or divorce can be a challenging journey, and one of the most pressing concerns for parents is ensuring their children’s well-being. As per the Divorce Act, parents are legally obligated to act in their children’s best interests, which includes shielding them from conflict and providing a stable environment despite the changes in your family life.

Canadian law does not assume equal parenting time by default. Instead, it supports arrangements tailored to the specific needs and circumstances of each child and family. If you are facing struggles in implementing a parenting plan, it is advisable to consider family dispute resolution methods like mediation, which can be quicker, more cost-effective, and can foster a more collaborative approach when developing a parenting arrangement.

In this article, we outline how to create an effective parenting plan that considers your children’s needs and aligns with legal guidelines. As each family is unique, this article may not reflect the most appropriate course of action for your situation.

What is a Parenting Plan?

A parenting plan is a formal agreement between both parents detailing how you will care for your children post-separation or divorce. It’s designed to safeguard your children’s physical, emotional, and psychological well-being. Crafting a plan that considers your children’s views and preferences is often essential to ensuring it serves their best interests; however, the overall impact of the child’s wishes must be assessed in reference to their age and maturity. Contrary to popular belief, there is no fixed age at which point a child’s views can dictate an outcome.  

Components of a Parenting Plan

Previously referred to as “custody” and “access”, a parenting plan typically features two main components: parenting time and decision-making responsibilities. Your parenting plan will address these components in a unique way that suits your children’s needs.

1. Parenting Time

Parenting time concerns how much time children spend with each parent. In most cases, your goal should be to create a schedule that maintains a meaningful relationship with both parents while providing stability. Establishing a consistent routine is vital. Courts generally prefer to avoid altering the status quo, prioritizing stability for the children.

2. Decision-Making Responsibility

Decision-making authority, formerly referred to as “custody”, refers to how the parents will make important choices regarding the children’s welfare, such as their healthcare, education, culture, religion, and significant extracurricular activities. There are various ways to allocate decision-making responsibilities:

• Joint Decision-Making: Both parents collaborate to make decisions together.
• Sole Decision-Making: One parent makes all significant decisions.
• Divided (Parallel) Decision-Making: Responsibilities are split, with each parent handling different aspects of decision-making process.

Creating Stability

Your parenting plan will establish a “status quo” for your children, which will be considered by the courts in the event of any disputes. The “status quo” refers to the arrangement and routine your children are accustomed to. Courts generally prioritize stability for children, and judges are often reluctant to alter the status quo if the current arrangement is functioning well. Changes to an established parenting arrangement may be made by the court, but generally, only if there are compelling reasons to do so, which can vary for each family. Therefore, it is important to ensure that the parenting plan serves the best interests of all parties involved, as it is likely to remain in effect for an extended period of time.

Communication and Co-Parenting

Effective communication between co-parents is key, especially in scenario’s where the parents have joint decision-making authority. When considering a parenting plan, you should decide how you’ll stay in touch and share updates about your children. Many co-parenting apps, such as OurFamilyWizard, can help facilitate communication and manage your parenting plan efficiently.

Child Support

Once you’ve agreed on parenting time and decision-making, calculating child support is often  your next step. The Federal Child Support Guidelines provide a framework for determining the amount of child support payable. This is based on the time each parent spends with the child. If a child lives primarily with one parent (more than 60% of the time), the other parent provides financial support. In cases of shared parenting, where the child spends at least 40% of their time with both parents, child support may will payable by both parents, based off their respective incomes.

Questions? We Can Help

Navigating a divorce while prioritizing your children’s needs can be complex, but a well-thought-out parenting plan can make a significant difference. Barriston can help provide you peace of mind when handling your family law issues. If you would like to schedule an appointment with one of our family law lawyers, you may do so by calling us at 705-792-9200, or visiting this link.

Written by Maeve Kelly and Tim Gronfors