What is a Parenting Plan and Do We Need One When We Separate or Divorce in Ontario?
When couples in Ontario decide to separate or divorce, one of the most critical considerations is the well-being of their children. A well-structured parenting plan can provide a clear roadmap for co-parenting, ensuring that both parents remain actively involved in their children's lives while minimizing conflict. In this blog post, we'll explore what a parenting plan is, why it's essential, and how to create one that meets the best interests of your children.
What is a Parenting Plan?
A parenting plan is a written agreement that outlines how parents will raise their children after separation or divorce. It includes details about parenting time, holiday schedules, decision-making responsibilities, and other important aspects of parenting. The objective in creating a parenting plan is to consider, discuss and reach consensus on how separated parents will share their parenting responsibilities in the future in a way that meets the needs of their individual children.
Why is a Parenting Plan Important?
A parenting plan is important for several reasons:
Provides Stability and Predictability: Children thrive on routine and consistency. A well-defined parenting plan provides a stable environment and predictable routines, helping children adjust to the new family dynamics. Having a clear plan also benefits parents, as it minimizes stress and allows them to move forward in their own lives with a clearer understanding of when, where and how they will share parenting responsibilities with their former partner.
Reduces Conflict: Developing a parenting plan can help decrease the potential for disputes by outlining specific guidelines and expectations for parental behavior, allowing each parent to foster their child's bond with the other parent. If communication or cooperation with the other parent proves challenging, a well-structured parenting plan can outline the specifics of parenting arrangements, reducing the need for ongoing negotiations over each decision. Even for parents who easily cooperate and communicate, having a parenting plan is beneficial as it provides clear guidelines and consistency, ensuring that everyone is on the same page and that the children's needs are always prioritized. Minimizing any potential for future parental conflict is crucial in protecting children's well-being after separation and divorce.
Focuses on the Best Interests of the Children: A parenting plan prioritizes the needs and well-being of the children, ensuring that their best interests are always the main focus. It is often easier for parents to prioritize the children’s wellbeing when discussing the issues addressed in parenting plan and harder in practicality when having to continue to co-parent with a partner from whom they have separated. Having a parenting plan in place that was developed with children’s best interests as a priority and which can be referred to in the future can be a helpful reminder to separated parents of their duty to prioritize their children’s best interests over their own, and to keep them as the focus in all interactions with their former partner.
Facilitates Co-Parenting: A detailed parenting plan can help parents work together more effectively, promoting a cooperative and collaborative co-parenting relationship. Developing a parenting plan involves discussing various parenting issues, identifying common ground, resolving differences through compromise and then documenting the plan in writing. This process itself is valuable as it provides parents with an opportunity to engage in collaborative problem-solving, establishing a model for how to work together in the future.
Legal Framework for Parenting Plans in Ontario
In Ontario, the legal framework for parenting plans is guided by both federal and provincial legislation. The key pieces of legislation include the Divorce Act (Canada) and the Children’s Law Reform Act (Ontario).
The Divorce Act
The Divorce Act is a federal law that applies to married couples who are seeking a divorce. In 2021, significant amendments were made to the Divorce Act to promote the best interests of children, including encouraging the use of parenting plans and family mediation.
These recent amendments to the Divorce Act include:
Replacing “custody orders” with “parenting orders”, and updating the language of the Act to reflect words that focus on relationships with children, such as parenting time, decision-making responsibility and contact;
Imposing new legal duties upon divorcing spouses to:
a) to exercise their parenting time and parental decision making in a manner that is consistent with the best interests of the child;
b) protect a child of a marriage from the conflict of divorce proceedings; and
c) try to resolve their divorce through a family dispute resolution process (such as mediation) wherever appropriate.
Imposing a new legal duty on lawyers to encourage the use of family dispute resolution process (such as mediation) and to inform their clients of family justice resources that may assist them in resolving any disputes;
Granting the court the authority to direct spouses to attend a family dispute resolution process (such as mediation); and
Directing the court to include any parenting plan agreed to between the parents in a parenting or contact order, unless the court considers that the parenting plan is not in the best interests of the child.
These amendments to the Divorce Act recognize that generally parents, not judges, are in the best position to decide what type of parenting arrangements would be best for their children. The law now obligates separating spouses to shield their children from parental conflict and, wherever appropriate, to work together outside of court to develop a parenting plan that promotes their children’s best interests; and encourages parents to use alternative dispute resolution process, like family mediation, to do this.
Ontario Children’s Law Reform Act
The Children’s Law Reform Act applies separating parents in Ontario who are not married, and thus not subject to the parenting provisions of the federal Divorce Act. The Children’s Law Reform Act was also amended to align with the recent revisions to the federal Divorce Act.
The introduction of these legislative reforms at both a federal and provincial level underscores the importance of parents working together outside of court, and in a process like mediation, to develop a parenting plan or their children after they separate.
Parts of a Parenting Plan:
A comprehensive parenting plan should address several key components:
Parenting Time Schedule: This includes the regular schedule for when the children will be with each parent. It should outline the weekly routine, as well as how holidays, vacations, and special occasions will be handled.
Decision-Making Responsibilities: This section details how major decisions about the children’s upbringing will be made, including education, healthcare, and extracurricular activities. It can specify whether decisions will be made jointly or if one parent will have the final say in certain areas.
Communication Plan: Effective communication is essential for successful co-parenting. This part of the plan should outline how parents will communicate with each other and with the children, including methods (e.g., phone, email, text) and frequency.
Exchange Details: The plan should specify the logistics of how and where the children will be exchanged between parents, ensuring that transitions are smooth and conflict-free.
Dispute Resolution: To address potential conflicts that may arise, the plan should include a process for resolving disputes. This might involve mediation or another form of alternative dispute resolution.
Special Considerations: Every family is unique, so the plan should account for any special needs or circumstances, such as the children’s medical needs, religious practices, or other important aspects of their lives. Using a Conscious Contracts model, parents can also include a family “touchstone” agreement in their parenting plan, highlighting their unique family values and what is most important to them as co-parents.
Creating a Parenting Plan
Creating a parenting plan requires careful consideration and collaboration between both parents. Here are some steps to guide you through the process:
Reflect on Children's Needs and Best Interests: Start by considering what is best for your children. It is important to reflect on their current needs, routines, and preferences as well as how those needs and routines will change moving forward if they are sharing time between two homes. While what is best for your children must remain your priority, being a happy and healthy parent is an important part of raising happy and healthy children. Therefore, you should also consider in a balanced way your own needs and those of your former spouse, and how a future parenting plan can support you both in being the best future parents you can be.
Work with a Mediator: A neutral mediator can facilitate these discussions and help you and your co-parent reach a mutually acceptable agreement. Mediators can provide valuable guidance as to the issues you may wish to consider in developing a parenting plan and help you navigate any disagreements.
Seek Input from Your Children: Depending on their age and maturity, consider seeking input from your children about their preferences and needs. You might also consider a Voice of the Child report, where a trained professional interviews the children and reports their views in a way that is sensitive and appropriate.
Draft the Plan: Once you have discussed and agreed upon the key components, draft the parenting plan in writing. A mediator can assist in this process, ensuring that the plan is comprehensive and detailed to avoid any misunderstandings.
Review with Independent Lawyers: It is advisable for each parent to have their own lawyer review the parenting plan to ensure that it complies with Ontario law and protects their rights.
Finalize the Plan: After any necessary revisions, finalize the plan and sign it. Depending on your circumstances, a parenting plan can be a stand alone document or it can be incorporated into a legally binding separation agreement (you can learn more about separation agreements in our blog post Can we Mediate a Separation Agreement in Ontario?) If you are going through a divorce, a parenting plan can be incorporated into your parenting order under the Divorce Act.
By following these steps, you can create a parenting plan that provides a clear framework for co-parenting, reduces conflict, and ensures that your children’s best interests are always the primary focus.
Do We Need a Parenting Plan?
While it is not legally required to have a parenting plan, it is highly recommended. A well-crafted parenting plan can make the transition easier for everyone involved and provide a clear framework for co-parenting. Courts in Ontario often look favorably upon parents who have taken the initiative to create a parenting plan, as it demonstrates a commitment to cooperation and the best interests of the children.
Conclusion:
In Ontario, creating a parenting plan can be an invaluable tool for separating or divorcing parents. It provides a structured approach to co-parenting, reduces conflict, and ensures that the children's best interests are prioritized. While it is not mandatory, a parenting plan can significantly benefit both parents and children by providing stability, clarity, and a cooperative framework for raising the children.
At Teal Family Mediation, we understand the importance of successfully co-parenting after separation. With years of experience navigating post-separation parenting issues, our team of experienced mediators is here to help you create a parenting plan that meets the unique needs of your family. Contact Us today to schedule a complimentary Discovery Call and learn more about our mediation services.
Disclaimer: This blog is for informational and educational purposes only, and none of the information in this blog post should be construed as legal advice. Should you have questions about your legal rights and obligations, or about your legal process options when you separate, you should consult with an independent lawyer to receive legal advice.
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Teal Family Mediation is team of professional divorce mediators located in Hamilton, Ontario offering mediation services for separating married and common-law couples and co-parents. We provide an alternative to high-cost, inefficient and adversarial court proceedings with an affordable, modern and compassionate approach towards resolution.
We offer services in-person at our offices located in the Ancaster, Meadowlands and virtually from anywhere in Ontario.
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