Parenting Agreements

A parenting agreement is a document outlining how separated or divorced parents will raise their children. It includes details about custody (which is now covered by the terms  “parenting time” and “decision making responsibility”), parenting time, and how decisions will be made about the child’s education, health, and welfare.

The primary purpose of a parenting agreement is to ensure stability for the child while maintaining relationships with both parents. It helps parents clearly understand their roles and responsibilities, reducing conflicts, and offering a consistent approach to parenting. By agreeing on key issues in advance, parents can focus on creating a positive environment for their children.

What Is A Parenting Arrangement?

Parenting arrangements are crucial tools used by parents to navigate the complexities of co-parenting after separation or divorce. These arrangements outline the responsibilities concerning parenting time and the role each parent plays in decision-making. The Children’s Law Reform Act and the Divorce Act guide these plans. They aim to reduce conflicts and ensure that both parents understand their roles clearly. These plans focus on the children’s immediate and future needs while addressing common issues that could arise in separated families.

To draft an effective parenting arrangement, it’s best to work with an experienced family lawyer. Lawyers experienced in Ontario family law can craft a plan that respects legal rights and considers unique family dynamics. This ensures an arrangement that meets the needs of all involved parties. Although these plans are legally binding, the effectiveness hinges on the parents’ willingness to cooperate. Couples with significant conflict may find it challenging to create such agreements without professional support.

Common Elements of a Parenting Arrangement:

Elements	Description
Decision-Making Responsibility	Determines how decisions regarding health, education, and overall wellbeing are made.
Daily Schedule Holiday Schedule	Lays out where the child will reside on a regular basis. Allocates the time sharing for holidays including summer vacations, long weekends, extended breaks from school.
Communication Methods	Specifies how parents will communicate; options include email, phone calls, or a joint parenting journal.
Conflict Resolution	Outlines the steps to take when trying to resolve disputes, include timelines, information to be provided, and using professionals like mediators or arbitrators
Right of First Refusal	Details what happens if a parent cannot be with the child during their scheduled time, potentially giving the other parent the opportunity to care for the child first.

Parenting Time
Parenting time refers to the periods when a parent or guardian is responsible for the child, including school hours. During this time, the parent has the right to make everyday decisions about the child’s care, such as meals or routines. However, all decisions must reflect the child’s best interests, focusing on their emotional and physical well-being.

Decision-Making Responsibility
Decision-making responsibility involves making significant decisions about a child’s life, such as:

• Health care (e.g., medical treatments)
• Education (e.g., school choice)
• Religious or cultural upbringing

This authority can be shared by both parents or allocated to one parent, depending on what best serves the child’s needs. Courts carefully assess each family’s situation to ensure the chosen arrangement prioritizes the child’s welfare.

Clearly Define Your Time with Children

Clearly outlining time arrangements is essential for creating stability and predictability in any parenting plan. A well-structured schedule should specify which days each parent spends with the child, along with pickup and drop-off times and locations. This helps children maintain a consistent routine and makes it easier for parents to plan ahead for events and activities.

Besides regular weekday schedules, the parenting plan should clearly state the arrangements for holidays and special events like Mother’s Day, Father’s Day, or birthdays.

If parties are involved in court processes, they can still enter in to a parenting agreement. They can then choose whether to ask the court to include parenting terms in a court order in addition to the parenting agreement.

Creating a parenting arrangement requires both care and clarity. It’s more than just a document—it’s a framework designed to foster cooperation and prioritize the well-being of the children. A thoughtful and well-structured plan helps ensure the arrangement is fair, practical, and supports a positive co-parenting experience for everyone involved.

A parenting time schedule should be viewed as the default arrangement and fall back plan. It’s a fine balance between certainty and stability, with flexibility.

 

Types of Parenting Time

Parenting time refers to the actual time a parent spends with their child.  Parenting time arrangements can vary depending on family circumstances. There is no one size fits all arrangement for every family, or every child within a given family.

 

The Association of Family and Conciliatory Courts has released a well-researched Parenting Plan Guide. This tool provides guidance about appropriate arrangements given a child’s age, development, and suggests ways of adapting based on changing circumstances and special considerations for families experiencing different needs, such as abuse.

 

Types of Parenting Arrangements

Types of Decision-Making Responsibility

In Ontario, decision-making responsibility for children can take several forms, depending on the family’s circumstances and the best interests of the child:

1. Sole Decision-Making Authority
• One parent has the exclusive right to make major decisions about the child’s life and development.
• The other parent may provide input and must stay informed but does not have the final say.
2. Joint Decision-Making Authority
• Both parents have equal responsibility and must make decisions together in the child’s best interests.
• This arrangement requires effective communication and a cooperative co-parenting relationship.
• Courts often prefer this option for parents who can work together positively.
3. Split Decision-Making Authority
• Each parent has sole decision-making power for specific children (e.g., one parent decides for one child, the other for another).
• Alternately, one parent makes ALL the decisions about one area (ie: medical) while the other parent makes ALL the decisions in another area (ie: education).

An Ontario family lawyer can help formalize these arrangements in a separation agreement to reduce conflicts and clarify responsibilities, ensuring the plan meets the family’s unique needs.

 

Agreement Types Under the Divorce Legislation

Under the Divorce Act, the terms “custody” and “access” have been replaced with parenting time and decision-making responsibility. This clarifies the difference between physical custody (the time a child spends with each parent) and decision making custody (who has the responsibility and privilege of making important decisions for the child(ren)).

 

Speak with an Ontario Child Decision-Making Responsibility and Parenting Time Lawyer

For those seeking to establish a structured plan for decision-making and parenting time, consulting with an Ontario family lawyer can provide valuable insights and assist in formulating a comprehensive arrangement that aligns with both parties’ and their child’s requirements. Reach out to Alves Law to help navigate these family law matters effectively.