What is a parenting plan?
A parenting plan is a written document that sets out how the parents will raise their children after the adult relationship has ended. A well prepared parenting plan can be very helpful for the court when it is making decisions relating to the children.
How is one prepared?
Some lawyers will prepare parenting plans for their clients, but often the woman will prepare her own plan. In this case, she should have it reviewed by her lawyer, if she has one, to make sure it reflects her legal rights and responsibilities.
A parenting plan does not have to be written in legal language as long as it clearly sets out what the person writing it wants. Each parent might prepare their own parenting plan or they might be able to prepare one together. It will be up to the judge to decide whether to include a parenting plan in the order for the arrangements for the children.
A parenting plan should set out how the woman wants decisions about the children to be made, what time the children will spend with each parent and how the two parents will share information about the children and communicate with one another.
Because all decisions about children are made using the best interests of the child test, the parenting plan needs to reflect this. (See the family law information for your province or territory for more about this test.) It should be detailed enough so both parents know what the expectations of them are but flexible enough to take into account the reality that situations involving children often change.
Should the plan acknowledge intimate partner abuse?
A woman who has left a relationship in which she was being abused needs to place safety of herself and the children as well as her ability to work with the other parent high on her list of priorities when creating a parenting plan.
The family violence should be identified in relation to her plan for decision-making, exchanging children and communication. She may need to set out concerns about the safety of the children with the other parent as it relates to the history of family violence.
What should a parenting plan cover?
A good parenting plan will cover the following:
- Any safety issues for the children or the mother
- How the parents will make decisions about the children (education, health care, religion/culture/Indigenous heritage, extra-curricular activities: together, one parent only or splitting decision-making responsibility with one of them making decisions about some aspects of their children’s lives and the other making decisions about others
- How they will communicate information about the children to one another, and whether there need to be any limitations set on this
- Whether the children will live primarily with one parent and spend shorter amounts of time with the other or will spend roughly equal amounts of time with each parent
- How and where the children will be exchanged between the parents
- How changes can be made to the parenting schedule
- How vacations and special days (religious events, birthdays, etc.) will be managed
- Whether each parent can travel with the children, including any limitations on such travel
- What will happen if a parent wishes to move with the children
- The role of extended family members with the children
- How changes to the parenting plan can be made
- Managing and resolving conflict or disagreement relating to the parenting plan
What resources can help with parenting plans?
The Department of Justice offers a helpful guide to preparing parenting plans (website).
For information about presenting evidence about parenting, see the Luke’s Place resource, The law and parenting after separation (downloadable PDF).