WEBVTT

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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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married parents who are not

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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

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parental authority.

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Check the law and existing

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orders that apply to your

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family.

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Cover school days, weekends,

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holidays, collection times,

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transport and where handovers

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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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decision.

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Mediation needs an assessment

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of safety, family violence and

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power imbalance.

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Separate meetings or remote

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sessions may help in some cases

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but may not resolve the risk.

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Tell the professional about

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threats, coercion and existing

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orders.

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Do not agree to unsafe

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arrangements just to finish the

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process.

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Get independent legal advice

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about the formalities and legal

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effect.

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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

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plan unless it conflicts with

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the child's best interests, and

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may modify it.

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The summary supplied by a

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Quebec mediator under the

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Standard Family Mediation

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Scheme is a working document,

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not itself a concluded

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contract.

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But later express or implied

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agreement can create legal

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obligations.

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Do not assume everything

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remains non-binding merely

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because nothing was signed.

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Ask an independent legal

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advisor to explain what you are

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accepting.

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Check the steps for a

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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

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resolution steps can apply,

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with exceptions.

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Alberta's King's Bench has

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current parenting course and

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family process requirements.

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Quebec generally requires a

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parenting and mediation

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information session before

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trial, with exceptions.

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An information session is not

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an obligation to agree.

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Raise urgent safety concerns

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promptly instead of assuming

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every routine step must come

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first.

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Put agreed arrangements and

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review dates in writing.

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If circumstances change, get

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advice about updating an

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agreement or varying a court

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order, a private review clause

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does not override the law.

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Keep following current orders

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until lawfully changed.

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Show your advisor any

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protection or criminal orders,

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and seek specific advice before

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a move that could affect

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parenting arrangements.

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For free general legal

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information, Legal Hotline's

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Canada number is on your screen

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now.

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Legal Hotline is not a law

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firm.

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Its information line uses AI.

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Lawyer matching is a separate

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service, subject to

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availability and acceptance.

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For advice on your own

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situation, speak with a lawyer

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in your province.

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In immediate danger, contact

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emergency services.