Parenting Agreement / Child Custody Agreement (Canada)
PARENTING AGREEMENT
This Parenting Agreement (the "Agreement") is made as of [Agreement Date] (the "Effective Date") between:
[Parent 1 Name], of [Parent 1 Address], telephone: [Parent 1 Phone], email: [Parent 1 Email] ("Parent 1")
- and -
[Parent 2 Name], of [Parent 2 Address], telephone: [Parent 2 Phone], email: [Parent 2 Email] ("Parent 2")
(collectively, the "Parents" and individually, a "Parent")
RECITALS
A. [Parent Relationship]. The Parents separated on or about [Separation Date].
B. The Parents are the biological or legal parents of [Number of Children] child(ren): [Children Details] (collectively, the "Children" and individually, a "Child").
C. The Parents wish to establish arrangements for the care and upbringing of the Children that serve the best interests of the Children, including decision-making responsibility and parenting time, in accordance with the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), as amended by the 2021 amendments (S.C. 2019, c. 16), and the applicable family law legislation of the Province of [Province].
D. The Parents acknowledge that the best interests of the Children are the paramount consideration in all matters relating to the Children, as required by Divorce Act s. 16(1) and the applicable provincial legislation.
E. The Parents have entered into this Agreement voluntarily, without duress or undue influence, and each Parent has had the opportunity to obtain independent legal advice.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein, and for the benefit of the Children, the Parents agree as follows:
1. BEST INTERESTS OF THE CHILDREN
1.1 The Parents agree that all provisions of this Agreement are made with the best interests of the Children as the primary consideration, in accordance with the factors set out in Divorce Act s. 16(3), including but not limited to: (a) the Children's needs, given the Children's age and stage of development; (b) the nature and strength of the Children's relationship with each Parent and other significant persons; (c) each Parent's willingness to support the Children's relationship with the other Parent; (d) the history of care of the Children; (e) the Children's views and preferences, giving due weight to the Children's age and maturity; (f) any history of family violence and its impact on the Children; and (g) the Children's cultural, linguistic, religious, and spiritual upbringing.
1.2 The Parents commit to cooperating with each other in good faith to promote the Children's well-being and to foster the Children's relationship with both Parents. Neither Parent shall speak negatively about the other Parent in the presence of the Children or attempt to alienate the Children from the other Parent.
2. DECISION-MAKING RESPONSIBILITY
2.1 Allocation of Decision-Making Responsibility. [Decision Making Type]. For the purposes of this Agreement, "major decisions" include decisions about the Children's health care, education, religious and cultural upbringing, language of instruction, and significant extracurricular activities, as contemplated by Divorce Act s. 16.1.
2.3 Day-to-Day Decisions. Each Parent shall have the authority to make day-to-day decisions affecting the Children during their parenting time, including decisions about daily routines, meals, homework, social activities, and minor medical care (non-emergency). Day-to-day decisions do not require the consent of the other Parent.
2.4 Emergency Decisions. In the event of a medical emergency or other urgent situation affecting a Child's health or safety, the Parent with the Child at the time shall have the authority to make all necessary decisions and shall notify the other Parent as soon as reasonably practicable.
3. PARENTING TIME SCHEDULE
3.1 Primary Residence. [Primary Residence]. The Parents acknowledge that parenting time with both Parents is presumptively in the best interests of the Children, subject to the factors set out in Divorce Act s. 16(3).
3.2 Regular Parenting Schedule. The Parents agree to the following regular parenting schedule: [Regular Schedule]
3.3 Holiday and Special Occasion Schedule. The Parents agree to the following holiday schedule, which shall take precedence over the regular parenting schedule: [Holiday Schedule]
3.4 Children's Birthdays. [Birthday Arrangement]
3.5 Mother's Day and Father's Day. [Parent Days]
3.6 Schedule Flexibility. The Parents agree to exercise reasonable flexibility in the parenting schedule to accommodate the Children's activities, school events, and special circumstances. Any temporary changes to the schedule shall be agreed upon in writing (including by text message or email) and shall not constitute a permanent modification of this Agreement.
4. TRANSPORTATION AND EXCHANGES
4.1 Exchange Location. Exchanges of the Children shall take place at: [Exchange Location]. Both Parents shall ensure that exchanges are conducted in a calm, respectful manner and that the Children are ready at the scheduled time.
4.2 Transportation Responsibility. [Transportation Responsibility]. Each Parent shall ensure that an appropriate child car seat or booster seat is used as required by the applicable provincial legislation.
5. COMMUNICATION
5.1 Communication Between Parents. The Parents agree to communicate with each other regarding the Children using the following method: [Communication Method]. All communication shall be respectful, child-focused, and confined to matters relating to the Children's welfare and this Agreement.
5.2 Children's Communication. [Child Communication Terms]. Neither Parent shall monitor, record, or interfere with the Children's communications with the other Parent.
5.3 Information Sharing. Each Parent shall promptly inform the other Parent of any significant matters affecting the Children, including but not limited to: (a) medical appointments, diagnoses, and treatments; (b) school progress reports, parent-teacher conferences, and disciplinary issues; (c) changes in the Children's behaviour, emotional state, or well-being; (d) involvement with law enforcement or child protection services; and (e) any other information that a reasonable parent would want to know.
6. CHILD SUPPORT
6.1 Child Support Obligation. The Parents acknowledge that child support is the right of the Children and cannot be waived by the Parents. [Support Arrangement]
6.2 Support Details. [Support Payor]. The monthly child support amount is CAD [Support Amount], based on the payor's annual income of CAD [Payor Income] and [Number of Children] child(ren). This amount is calculated in accordance with the Federal Child Support Guidelines table for the Province of [Province].
6.3 Annual Review. The Parents agree to exchange income information annually, on or before June 1 of each year, by providing a copy of their most recent Canada Revenue Agency (CRA) Notice of Assessment and the applicable income tax return (T1 General). Child support shall be recalculated annually based on updated income information.
7. RELOCATION
7.1 Relocation Notice. If either Parent intends to relocate to a location more than [Relocation Distance] kilometres from their current residence, that Parent must provide at least [Relocation Notice Period] days written notice to the other Parent, in accordance with Divorce Act s. 16.9. The notice must include: (a) the expected date of the relocation; (b) the address of the new residence (or, if unknown, the municipality); and (c) a proposal for how the parenting schedule will be modified to accommodate the relocation.
7.2 Objection to Relocation. The non-relocating Parent may object to the relocation by filing a motion with the court within 30 days of receiving the relocation notice. If the relocation is contested, the relocating Parent bears the burden of demonstrating that the relocation is in the best interests of the Children (Divorce Act s. 16.92), unless the Children spend substantially equal time with each Parent, in which case the burden is shared.
8. GENERAL PROVISIONS
8.1 Passports and Travel Documents. The Children's passports and travel documents shall be held by [Primary Residence] parent unless the Children are travelling with the other Parent. Neither Parent shall travel outside Canada with the Children without the prior written consent of the other Parent. Each Parent shall provide a signed travel consent letter when the other Parent is travelling internationally with the Children.
8.2 Medical and School Records. Both Parents shall have equal access to the Children's medical, dental, educational, and other records. Each Parent shall ensure that the other Parent is listed as an emergency contact at the Children's school and with all medical providers. Each Parent shall sign any authorizations necessary to ensure the other Parent has access to the Children's records.
8.3 Introduction of New Partners. Each Parent agrees to exercise good judgment and sensitivity in introducing new romantic partners to the Children. Neither Parent shall allow a new romantic partner to assume a parenting role or to be involved in major decisions regarding the Children without the other Parent's consent.
8.4 Consistency. The Parents agree to maintain reasonable consistency between their households regarding the Children's bedtimes, homework expectations, screen time limits, and discipline approaches, to the extent practicable.
8.5 Dispute Resolution. Any dispute arising from or in connection with this Agreement shall be resolved by: [Dispute Resolution]. The costs of mediation or arbitration shall be shared equally between the Parents unless the mediator or arbitrator orders otherwise.
8.6 Amendments. This Agreement may only be amended by a written document signed by both Parents. Any amendment shall be made with the best interests of the Children as the primary consideration.
8.7 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
8.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of [Province] and the applicable federal laws of Canada, including the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and the Federal Child Support Guidelines, S.O.R./97-175.
8.9 Court Jurisdiction. The Parents acknowledge that a court of competent jurisdiction retains the authority to vary any provision of this Agreement if the court determines that a variation is in the best interests of the Children, or if there has been a material change in circumstances as contemplated by the Divorce Act or applicable provincial legislation.
8.10 Entire Agreement. This Agreement constitutes the entire agreement between the Parents with respect to the parenting of the Children and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
8.11 Binding Effect. This Agreement shall be binding upon the Parents and may be filed with a court of competent jurisdiction and enforced as if it were a court order.
IN WITNESS WHEREOF, the Parents have executed this Parenting Agreement as of the Effective Date, each acknowledging that this Agreement has been entered into voluntarily and with a full understanding of its terms.
Parent 1
________________
Signature
Parent 2
________________
Signature
What Is a Parenting Agreement / Child Custody Agreement (Canada)?
A Parenting Agreement / Child Custody Agreement in Canada sets how separated parents will share decision-making and the child’s living arrangements, governed primarily by the federal Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) and provincial children’s law.
The legal framework for parenting agreements differs depending on whether the parents are married. For married parents, the federal Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) governs, regardless of the province where the parents reside. For unmarried parents, provincial legislation applies: in Ontario, the Children's Law Reform Act (R.S.O. 1990, c. C.12); in British Columbia, the Family Law Act (S.B.C. 2011, c. 25, Part 4); in Alberta, the Family Law Act (S.A. 2003, c. F-4.5). However, the Federal Child Support Guidelines (S.O.R./97-175) apply to child support calculations for both married and unmarried parents in all provinces.
The paramount legal principle in all parenting arrangements is the best interests of the child, as codified in Divorce Act s. 16(1). The 2021 amendments expanded the best-interests factors in s. 16(3) to include, among other things, the child's views and preferences, each parent's willingness to support the child's relationship with the other parent, any history of family violence, and the impact of any civil or criminal proceeding relevant to the child's safety. A parenting agreement that does not reflect the best interests of the child can be varied by a court at any time.
The legal framework governing the Parenting Agreement / Child Custody Agreement (Canada) in Canada draws on several key statutes and regulatory bodies. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Parties executing a Parenting Agreement / Child Custody Agreement (Canada) in Canada should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + provincial family legislation sets the foundational requirements.
When Do You Need a Parenting Agreement / Child Custody Agreement (Canada)?
A Canadian Parenting Agreement is needed whenever parents are separating or have separated and need to establish formal arrangements for their children. This applies to married parents going through divorce, common-law partners who are separating, and parents who were never in a formal relationship but share biological or legal children.
The Canada Parenting Agreement / Child Custody Agreement (Canada) agreement is essential when parents want to avoid the expense, delay, and emotional toll of contested court proceedings. A well-drafted parenting agreement can be filed with the court and enforced as if it were a court order, providing legal certainty without requiring a trial. Many Canadian courts now require parents to attempt mediation or collaborative family law processes before applying for a contested parenting order, making a private agreement the preferred first step.
Parents need this agreement when they must define decision-making responsibility (who makes major decisions about the children's health, education, religion, and extracurricular activities), establish a detailed parenting time schedule (regular weekday and weekend schedule, plus holidays, school breaks, and special occasions), calculate child support under the Federal Child Support Guidelines, allocate special or extraordinary expenses under section 7 of the Guidelines, address relocation provisions (required under the 2021 Divorce Act amendments), and set communication protocols between the parents.
The Canada Parenting Agreement / Child Custody Agreement (Canada) agreement is particularly important when one or both parents are entering new relationships, when the children have special needs that require coordinated care, when the parents live in different cities or provinces, or when there is a history of conflict that makes informal co-parenting arrangements unreliable.
Parties in Canada should prepare a Parenting Agreement / Child Custody Agreement (Canada) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.
What to Include in Your Parenting Agreement / Child Custody Agreement (Canada)
A valid Canadian Parenting Agreement must identify both parents with full legal names, addresses, and contact information. The children must be identified by full name, date of birth, and age. The agreement must state the parents' relationship status (married, common-law, or other) and the date of separation.
Decision-making responsibility must be clearly allocated. The 2021 Divorce Act amendments (s. 16.1) define decision-making responsibility as the authority to make significant decisions about the child's well-being, including health, education, culture, language, religion, and significant extracurricular activities. The agreement can assign joint, sole, or divided decision-making responsibility. Day-to-day decisions (meals, bedtime, homework) are made by whichever parent has the child at the time.
The parenting time schedule must be detailed and specific, covering: the regular weekly schedule with exact days and transition times, holiday and statutory holiday schedule (Christmas, March Break, summer, Thanksgiving, Canada Day, Victoria Day, Labour Day), children's birthdays, Mother's Day and Father's Day, school PA days and professional development days, and transportation arrangements for exchanges. The schedule should be clear enough that both parents know exactly where the children should be at any given time.
Child support must be calculated under the Federal Child Support Guidelines (S.O.R./97-175), based on the payor's gross annual income, the number of children, and the province of residence. The agreement should include the payor's income, the monthly support amount, and a provision for annual income disclosure and recalculation. Section 7 special or extraordinary expenses (childcare, medical, education, extracurricular) should be listed with the sharing method (proportional to income or equal). Relocation provisions must comply with Divorce Act s. 16.9, requiring at least 60 days written notice. Communication protocols should specify how parents will communicate about the children, and the children's right to communicate with the non-residential parent. The governing law should reference both the applicable provincial legislation and the federal Divorce Act.
Additional compliance elements for a Parenting Agreement / Child Custody Agreement (Canada) used in Canada include: Under Canadian law, PIPEDA and provincial privacy legislation govern personal data processed under this agreement. The Competition Act (R.S.C. 1985, c. C-34), enforced by the Competition Bureau, protects consumer rights. Section 15 of the Canada Business Corporations Act governs corporate obligations. Provincial superior courts and the Federal Court of Canada have jurisdiction for civil matters. The Canada Revenue Agency (CRA) administers tax compliance obligations. Forms-legal.com provides this template as a starting point for Canada-compliant documentation.
Section 16.1 of the Divorce Act defines 'decision-making responsibility' and permits courts to grant joint, sole, or divided responsibility. Section 16.9 of the Divorce Act requires at least 60 days written notice before a parent may relocate with the children. Section 7 of the Federal Child Support Guidelines specifies the categories of special or extraordinary expenses to be shared proportionally to parental income. Section 25 of the Federal Child Support Guidelines requires annual income disclosure by both parents. Section 14.2 of the Divorce Act requires courts and parties to consider family violence history when making parenting orders. The forms-legal.com Parenting Agreement (Canada) template covers the mandatory elements under Section 16 of the Divorce Act and the Federal Child Support Guidelines (S.O.R./97-175).
Sources & Citations
Statutory citations link to official government sources.
- R.S.C. 1985, c. C-34CA official
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Parenting Agreement / Child Custody Agreement (Canada) (Canada) [Legal document template]. Forms Legal. https://forms-legal.com/canada/personal/family/child-custody-agreement-canada
"Parenting Agreement / Child Custody Agreement (Canada) (Canada)." Forms Legal, 2026, https://forms-legal.com/canada/personal/family/child-custody-agreement-canada.
@misc{formslegal-child-custody-agreement-canada,
author = {{Forms Legal}},
title = {Parenting Agreement / Child Custody Agreement (Canada) (Canada)},
year = {2026},
howpublished = {\url{https://forms-legal.com/canada/personal/family/child-custody-agreement-canada}},
note = {Free legal document template. Based on Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + provincial family legislation}
}Also available for these jurisdictions:
Frequently Asked Questions
Yes. The 2021 amendments to the Divorce Act (S.C. 2019, c. 16, in force March 1, 2021) replaced the terms 'custody' and 'access' with 'decision-making responsibility' and 'parenting time' respectively across the entire statute. Decision-making responsibility under Section 16.1 of the Divorce Act refers to the authority to make significant decisions about a child's well-being, including health, education, culture, language, religion, and significant extracurricular activities. Parenting time refers to the time a child spends in the care of each parent. The terminology shift reflects a child-centred philosophy that focuses on the child's needs rather than on each parent's rights. Under Section 16(3) of the Divorce Act as amended, courts must consider 16 specific best-interests factors when making a parenting order, including the child's views and preferences (given appropriate weight based on age and maturity), each parent's willingness to support the child's relationship with the other parent, any history of family violence under Section 14.2, and cultural and linguistic considerations. Many provinces are amending their own family law legislation to align with the federal terminology — for example, British Columbia's Family Law Act (S.B.C. 2011, c. 25) already uses 'parental responsibilities' and 'parenting time,' which maps closely to the Divorce Act's updated framework.
Generally, no. Child support is the right of the child, not the parents. Courts will scrutinize any agreement that provides less than the Guidelines table amount. Under the Divorce Act and Federal Child Support Guidelines, parents cannot contract out of the minimum support obligation, though they can agree to pay more.
Section 7 of the Federal Child Support Guidelines covers special or extraordinary expenses that go beyond the base child support table amount. These are shared between parents in proportion to their respective incomes. Section 7(1) identifies the categories: childcare expenses incurred due to employment, illness, disability, or education; medical and dental insurance premiums attributable to the child; uninsured health-related expenses including orthodontics, prescription drugs, glasses, and mental health therapy; extraordinary extracurricular activities that are necessary for the child's development; and post-secondary education expenses. The test under Section 7(1)(f) is whether the expense is necessary for the child's best interests and whether it is reasonable given the means of the spouses and the child's prior standard of living. Section 7(2) specifies that the net cost — after subtracting any contribution from the child, tax deductions, and government subsidies — is the amount shared. Parents should set out in their parenting agreement which Section 7 expenses require prior consent, how receipts are submitted, the timeline for reimbursement, and the process for annual reconciliation. Disputes about Section 7 expenses are common and a clearly drafted agreement reduces litigation before the Ontario Superior Court of Justice or equivalent provincial courts.
Under Section 16.9 of the Divorce Act (2021 amendments), a parent planning to relocate must provide at least 60 days written notice to every other party entitled to notice, including the other parent. The notice must state the date of the proposed relocation, the new address and contact information, and a proposal for revised parenting time if applicable. Under Section 16.92, if the other parent objects to the relocation, the court applies a best-interests analysis under Section 16. Where parenting time is substantially equal, neither parent bears the burden of proof — the court weighs the move's benefits and detriments neutrally. Where the relocating parent has the majority of parenting time, Section 16.93 places the burden on the relocating parent to show that the relocation is in the child's best interests; the other parent must then show it is not. The parenting agreement should include a relocation clause specifying the required notice period (at minimum the statutory 60 days), the process for objecting, and whether the parties will attempt mediation before commencing court proceedings. Violating a relocation provision in a court order without consent can result in contempt proceedings under the Family Law Rules.
A parenting agreement can be filed with a court and enforced as if it were a court order. In Ontario, a separation agreement or parenting plan may be filed under Section 35 of the Children's Law Reform Act or incorporated into a consent order of the Ontario Superior Court of Justice. In British Columbia, a parenting agreement may be filed under Section 44 of the Family Law Act and enforced as an order of the Supreme Court. Courts always retain jurisdiction to vary parenting arrangements under Section 17 of the Divorce Act if there has been a material change in circumstances since the agreement was made — such as a significant change in a parent's work schedule, the child's needs, or one parent's relocation. The Supreme Court of Canada confirmed in Gordon v. Goertz (1996 CanLII 191) that a material change in circumstances must be established before a court will consider varying a parenting arrangement. The agreement cannot prevent either parent from applying to court. For maximum enforceability, the agreement should be signed by both parties with independent legal advice acknowledged in writing, and filed with the appropriate court registry as a consent order. Many parents also involve an accredited family mediator under the Ontario Association for Family Mediation or a collaborative family law practitioner to increase the agreement's durability.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Marriage Contract / Prenuptial Agreement (Canada)
Protect your assets and define property rights with a Canadian Marriage Contract (Prenuptial Agreement). Addresses property division, spousal support, and financial disclosure under provincial family law statutes including Ontario FLA s. 52 and BC Family Law Act.
Cohabitation Agreement (Canada)
Define property rights and financial obligations with a Canadian Cohabitation Agreement. Essential for common-law partners as rights vary significantly by province — BC grants full property rights after 2 years while Ontario does not.
Settlement Agreement (Canada)
Settle disputes with a legally binding Canadian Settlement Agreement. Includes full release, confidentiality, and non-disparagement clauses.
Child Travel Consent Letter (Canada)
Prepare a Child Travel Consent Letter recommended by the Canada Border Services Agency (CBSA) for minors travelling internationally with only one parent, a guardian, or another adult. This free template includes the child's full details and passport information, authorizing parent(s) contact details, travel companion information, travel dates and destination, emergency contact, and a CBSA notice about carrying supporting documents such as a birth certificate or custody order. Essential for crossing the Canadian border with a minor.
Child Custody Agreement
Going through a separation or divorce with kids involved is tough enough without fighting over custody in court. A Child Custody Agreement lets both parents work out the details on their own terms — who the children live with, how visitation works, how holidays and vacations are split, and how major decisions about education and healthcare get made. Having it written down keeps everyone accountable and gives the kids stability. Our free template covers physical and legal custody arrangements, visitation schedules, decision-making authority, and communication guidelines. Download as PDF or Word.