How is Parenting Time Decided after Separation in Ontario
When parents separate, one of the most important—and often emotional—questions is: How will parenting time and decision-making responsibility be shared? In Ontario, the focus is always on what’s in the best interests of the child, including the amount of time that they reside with each parent, not on “winning” time. Whether through mediation or court involvement, parents need to create a plan that provides stability, routine, and emotional security for their children.
Understanding the Legislation that Govern Family Law in Ontario
When parents separate in Ontario, parenting arrangements are not made arbitrarily—they are shaped by laws designed to protect children’s rights and well-being. Understanding the legal foundation behind parenting time decisions and decision-making responsibility is essential for any parent navigating the separation process. These laws outline both terminology and expectations, offering a framework for fair and thoughtful parenting plans.
Parenting time is governed by both provincial and federal laws:
- The Family Law Act (for common-law or unmarried parents).
- The Divorce Act (for legally married spouses going through divorce).
Both laws share a common goal: ensuring that all decisions made about children after separation are based on their best interests, not parental entitlement or convenience.
Notably, both Acts:
- Support co-parenting and emphasize the importance of children maintaining strong, meaningful relationships with both parents—whenever safe and appropriate, and effective parenting time is a crucial component of these relationships.
- Encourage out-of-court settlement, such as family mediation, to avoid unnecessary legal battles.
- Replace outdated terms like “custody and access” with “parenting time and decision-making responsibility”.
By aligning parenting decisions with these legal standards, parents can better ensure that their child’s needs remain the priority. Whether you are creating a parenting plan on your own, through mediation, or in consultation with legal professionals, knowing how the Family
What is Parenting Time?
Parenting time is a central part of any post-separation arrangement involving children. It defines how children will spend time with each parent and ensures that their everyday care and relationships are preserved. Clarifying what parenting time includes—and how it differs from other legal responsibilities—helps parents navigate this important topic.
Parenting time refers to the actual time a child spends with each parent. The residential parent is responsible for the child’s day-to-day care and routine. This includes meals, transportation, homework, activities, and emotional support.
It differs from decision-making responsibility, which refers to making major decisions on behalf of the child (e.g., school enrollment, medical care, religion, extracurricular activities).
Both can be shared or arranged in different ways, depending on the family’s needs and dynamics.
Clearly outlining parenting time and decision-making responsibility supports smoother transitions, reduces conflict, and helps provide consistency in a child’s life. It is essential that both parents understand their responsibilities during parenting time to create a positive and nurturing environment for their children moving forward.
Key Considerations for the Child’s Well-being
The most important factor in any parenting plan is the well-being of the child. Courts and mediators alike assess a wide range of elements when determining what will serve a child best after separation. These considerations go beyond simple logistics and speak to a child’s emotional, psychological, and developmental needs. A well-structured parenting plan prioritizes your child’s overall well-being and is designed with their best interests in mind. When mediators—and courts, if necessary—assess parenting time arrangements, they consider multiple factors, including:
🔹 Emotional and Psychological Needs
Children thrive in environments that are safe, consistent, and emotionally secure. Any arrangement should minimize disruption and promote positive emotional development.
🔹 Stability and Routine
Frequent transitions can be stressful, especially for younger children. Maintaining a predictable schedule with routines that mirror the child’s previous lifestyle (school, meals, bedtime, etc.) is critical.
🔹 Connection with Each Parent
Ensuring that a child maintains a strong bond with each parent is crucial. One parent may have primarily fulfilled the caregiving role, but nurturing relationships with both parents are essential.
🔹 Child’s Voice
If a child is mature enough, their preferences may be taken into account. This is more common with children over the age of 12, but each case is different.
🔹 Parental Cooperation
How well do the parents communicate? Is there a track record of a healthy co-parenting relationship, or ongoing conflict? Shared parenting works best when parents can put their child’s needs ahead of their own disagreements.
A parenting arrangement built on these considerations is far more likely to succeed long term. When children feel secure and supported by both parents, they are better equipped to adapt to the changes that come with separation and thrive in their new routines.
Common Types of Residential Arrangements
There’s no “one-size-fits-all” parenting time schedule in Ontario. Instead, parents are encouraged to develop a parenting schedule that reflect their family’s needs while staying within the broader legal guidelines. Understanding common parenting time models can help families choose an approach that promotes balance and stability for their children.
🔸 Shared Parenting
Each parent has the child for at least 40% of the time. This can involve alternating weeks, or a schedule like 2-2-3 or 5-2-2-5. Shared parenting is often preferred when both parents live nearby and have equal capacity to care for the child.
This arrangement is particularly relevant for child support, as the amount paid may be adjusted based on the time each parent spends with the child.
🔸 Primary Residency
The child lives primarily with one parent (more than 60% of the time), while the other parent has scheduled parenting time (e.g., every other weekend, holidays, or evenings during the week).
This is common when one parent’s work schedule or location makes shared parenting challenging, or when children are very young and benefit from more time in one primary home.
🔸 Split Parenting
This split parenting time arrangement is used only in specific circumstances—when there are multiple children, and each parent has primary responsibility for one or more of them.
For example, one parent may have the younger child most of the time, while the other has primary time with an older sibling. Courts are cautious with this model, and it’s usually recommended only when children’s needs and preferences make it clearly beneficial.
Each of these parenting models has its advantages and challenges, and not every arrangement works for every family. The key is to build a schedule that prioritizes the child’s well-being and best interests, incorporates decision-making responsibility, and is manageable for both parents, taking into account work schedules, locations, and other practical factors.
Several factors contribute to lengthy traditional separations:
- Court backlogs extending 12-24 months for simple hearings
- Lawyers juggling multiple cases leading to scheduling conflicts
- Time spent waiting for responses to legal correspondence
- The billable hour system incentivizes delayed resolution
- Multiple court appearances required for even minor disagreements
- Administrative delays in document processing
- Time needed for discovery and information exchange between lawyers
- Postponements due to lawyer or court scheduling conflicts
Examples of Parenting Schedules
Once parents understand the different types of parenting arrangements available, the next step is designing a schedule that fits their family’s lifestyle and addresses decision-making responsibility. Parenting schedules can vary in frequency and structure, but they should always focus on providing consistency and minimizing disruption in a child’s life.
Here are a few commonly used parenting time arrangements:
➤ 2-2-3 Schedule
- Parent A: Monday–Tuesday
- Parent B: Wednesday–Thursday
- Alternating weekends
- Ideal for parents who live close together and want frequent, balanced contact.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday |
Week 1 | Parent A | Parent A | Parent B | Parent B | Parent A | Parent A | Parent A |
Week 2 | Parent B | Parent B | Parent A | Parent A | Parent B | Parent B | Parent B |
Week 3 | Parent A | Parent A | Parent B | Parent B | Parent A | Parent A | Parent A |
Week 4 | Parent B | Parent B | Parent A | Parent A | Parent B | Parent B | Parent B |
➤ 5-2 Schedule
- Parent A: Weekdays (Monday–Friday)
- Parent B: Weekends (Saturday–Sunday)
OR
- Parent A: Monday, Tuesday
- Parent B: Wednesday, Thursday,
- Alternating Weekends
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday |
Week 1 | Parent B | Parent B | Parent A | Parent A | Parent B | Parent B | Parent B |
Week 2 | Parent B | Parent B | Parent A | Parent A | Parent A | Parent A | Parent A |
Week 3 | Parent B | Parent B | Parent A | Parent A | Parent B | Parent B | Parent B |
Week 4 | Parent B | Parent B | Parent A | Parent A | Parent A | Parent A | Parent A |
➤ 7-on/7-off (Alternating Weeks)
- Each parent has the child for a full week at a time.
- Best for older children who can handle longer stays and for parents with good communication and coordination.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday |
Week 1 | Parent B | Parent B | Parent B | Parent B | Parent B | Parent B | Parent B |
Week 2 | Parent A | Parent A | Parent A | Parent A | Parent A | Parent A | Parent A |
These example schedules can serve as a helpful starting point, but flexibility is key. What works today may need to evolve as the child grows and circumstances change. A successful parenting schedule supports the child’s routine while allowing both parents to remain actively involved.
What’s Included in a Parenting Plan?
A parenting plan goes beyond just setting a weekly schedule; it also carefully considers parenting arrangements. It serves as a comprehensive agreement that addresses all aspects of raising a child after separation, from decision-making to daily logistics. A detailed plan reduces uncertainty and prevents future disagreements.
A well-crafted parenting plan includes:
- Parenting time schedule: Weekly routines, holidays, vacations.
- Decision-making responsibilities: Who decides on education, medical care, religion, etc.
- Communication protocol: How parents will share updates, manage changes, or discuss school and health matters.
- Transition logistics: Pick-up/drop-off arrangements, transportation responsibilities.
- Conflict resolution strategy: Steps to take if disagreements arise.
- Other considerations such as:
- Provisions for children with special needs, including therapies, treatments, and tailored education plans.
- Vacation and travel arrangements, including notice periods, passport management, and travel outside the province or country.
- Relocation guidelines, outlining what happens if one parent plans to move residences, and how notice will be given.
- Introduction of new partners to the children, including timing, boundaries, and any agreed-upon communication protocols.
By including clear protocols and responsibilities, a parenting plan creates peace of mind for both parents and provides children with a consistent, secure foundation. It becomes an essential tool in navigating co-parenting effectively.
Building a Plan that Works—for Everyone
Creating a parenting plan is not just about dividing time—it’s about building a foundation that allows children to grow in a safe, loving, and predictable environment. This process requires care, communication, and a strong understanding of the legal and emotional factors involved.
Parenting after separation is not easy, but it doesn’t have to be a fight. With empathy, structure, and expert guidance, parents can create a plan that supports their child’s happiness and growth—now and into the future.
While separation is a challenging transition, it can also be an opportunity to redefine parenting roles in a constructive and child-centered way. With a thoughtful plan and the right resources, parents can move forward knowing their children are supported every step of the way.
Need help creating a parenting plan that works for your family?
👉 Schedule your free 30-minute joint consultation today and let us help you create a parenting plan that works for your children and supports a positive co-parenting relationship.
Author: Bev Lewis
President and founder of Positive Solutions Divorce Services®
(416)-559-5527 | connect@positivesolutions.ca | positivesolutions.ca
