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Start with your child's needs

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and safety, then put a

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practical plan in writing.

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Equal time is not automatic.

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Mediation may help you reach

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agreement when it is safe and

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appropriate.

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If you cannot agree, a court

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can make a parenting order

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based on the child's best

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interests.

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No.

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A schedule explains when a

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child is in each parent's care.

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Decision-making responsibility

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concerns important issues such

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as health, education and

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significant activities.

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The time split does not

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automatically determine who

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makes those decisions.

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Under the divorce act, ordinary

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day-to-day decisions normally

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belong to the person exercising

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parenting time, unless the

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court orders otherwise.

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The Divorce Act applies to

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divorce-related parenting

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matters.

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Provincial law can also govern

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separation, including for

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00:00:49,962 --> 00:00:51,062
married parents who are not

33
00:00:51,062 --> 00:00:52,902
seeking divorce relief.

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Ontario uses parenting time and

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decision-making responsibility.

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British Columbia and Alberta

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also use guardianship rules.

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Quebec still uses custody and

39
00:01:03,042 --> 00:01:04,502
parental authority.

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Check the law and existing

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orders that apply to your

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00:01:07,022 --> 00:01:08,142
family.

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Cover school days, weekends,

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holidays, collection times,

45
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transport and where handovers

46
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happen.

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Decide how information about

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school and health will be

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shared, who makes major

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decisions and how emergencies

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are handled.

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Include travel arrangements and

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a way to review the plan as

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the child grows.

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A template is a starting point,

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not a substitute for your

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child's circumstances.

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Imagine a plan saying every

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other weekend which Friday

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starts the cycle who collects

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from school

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when does the child return and

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what happens on a holiday clear

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answers prevent avoidable

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arguments this example is not a

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recommended time split the

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right schedule depends on the

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child's routine needs and

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safety

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Your child's views matter, with

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weight appropriate to age and

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maturity.

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Under the divorce act there is

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no fixed age, such as 12, at

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which a child decides where to

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live.

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Listen without asking the child

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to choose sides.

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A suitable professional may

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help obtain their views.

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Keep adult disputes and

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messages between the adults.

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A mediator helps identify

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issues and explore agreements,

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the mediator does not impose a

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00:02:21,606 --> 00:02:22,686
decision.

87
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Mediation needs an assessment

88
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of safety, family violence and

89
00:02:26,246 --> 00:02:27,806
power imbalance.

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Separate meetings or remote

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sessions may help in some cases

92
00:02:30,946 --> 00:02:33,326
but may not resolve the risk.

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Tell the professional about

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00:02:34,626 --> 00:02:36,326
threats, coercion and existing

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00:02:36,326 --> 00:02:37,486
orders.

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00:02:37,846 --> 00:02:38,966
Do not agree to unsafe

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arrangements just to finish the

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process.

99
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Get independent legal advice

100
00:02:44,118 --> 00:02:45,678
about the formalities and legal

101
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effect.

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00:02:47,218 --> 00:02:48,558
Ontario separation agreements

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generally need writing,

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signatures and witnesses.

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In British Columbia, a written

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parenting agreement filed in

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court is enforceable as an

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order, but the child's best

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interests still govern.

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Under the Divorce Act, a court

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includes an agreed parenting

112
00:03:02,758 --> 00:03:04,198
plan unless it conflicts with

113
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the child's best interests, and

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may modify it.

115
00:03:08,502 --> 00:03:09,882
The summary supplied by a

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Quebec mediator under the

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Standard Family Mediation

118
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Scheme is a working document,

119
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not itself a concluded

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contract.

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But later express or implied

122
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agreement can create legal

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obligations.

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Do not assume everything

125
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remains non-binding merely

126
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because nothing was signed.

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Ask an independent legal

128
00:03:27,122 --> 00:03:28,602
advisor to explain what you are

129
00:03:28,602 --> 00:03:29,742
accepting.

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Check the steps for a

131
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court-approved arrangement

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where needed.

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Ask about the proper court

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application and any interim

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order.

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Court education or dispute

137
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resolution steps can apply,

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with exceptions.

139
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Alberta's King's Bench has

140
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current parenting course and

141
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family process requirements.

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Quebec generally requires a

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00:03:49,226 --> 00:03:50,146
parenting and mediation

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00:03:50,146 --> 00:03:51,526
information session before

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trial, with exceptions.

146
00:03:53,866 --> 00:03:55,326
An information session is not

147
00:03:55,326 --> 00:03:57,286
an obligation to agree.

148
00:03:57,666 --> 00:03:58,986
Raise urgent safety concerns

149
00:03:58,986 --> 00:04:00,206
promptly instead of assuming

150
00:04:00,206 --> 00:04:01,866
every routine step must come

151
00:04:01,866 --> 00:04:02,906
first.

152
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Put agreed arrangements and

153
00:04:05,386 --> 00:04:07,166
review dates in writing.

154
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If circumstances change, get

155
00:04:09,166 --> 00:04:10,346
advice about updating an

156
00:04:10,346 --> 00:04:11,646
agreement or varying a court

157
00:04:11,646 --> 00:04:13,326
order, a private review clause

158
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does not override the law.

159
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Keep following current orders

160
00:04:16,826 --> 00:04:18,846
until lawfully changed.

161
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Show your advisor any

162
00:04:20,086 --> 00:04:21,786
protection or criminal orders,

163
00:04:21,786 --> 00:04:23,406
and seek specific advice before

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a move that could affect

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parenting arrangements.

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00:04:27,102 --> 00:04:28,402
For free general legal

167
00:04:28,402 --> 00:04:30,262
information, Legal Hotline's

168
00:04:30,262 --> 00:04:31,582
Canada number is on your screen

169
00:04:31,582 --> 00:04:32,662
now.

170
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Legal Hotline is not a law

171
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firm.

172
00:04:35,762 --> 00:04:38,122
Its information line uses AI.

173
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Lawyer matching is a separate

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service, subject to

175
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availability and acceptance.

176
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For advice on your own

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situation, speak with a lawyer

178
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in your province.

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In immediate danger, contact

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emergency services.