Parenting Time Schedule (Canada)

A Parenting Time Schedule in Canada sets the days and times each parent spends with the child, governed primarily by the federal Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) and provincial children’s law.

The Divorce Act was substantially amended effective 1 March 2021 by An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act (S.C. 2019, c. 16). The 2021 amendments replaced the terms "custody" and "access" with "decision-making responsibility" (the authority to make significant decisions about the child's education, health care, religious instruction, and significant extracurricular activities) and "parenting time" (the time a child spends in the care of a parent, during which that parent is responsible for the child's day-to-day care and decision-making). This modernized language reflects research showing that framework matters less than the quality of the parenting relationship.

The governing principle for all parenting time determinations in Canada is the best interests of the child, codified in Section 16(3) of the Divorce Act for divorcing spouses and in provincial legislation for non-married parents — Ontario's Children's Law Reform Act (R.S.O. 1990, c. C.12, CLRA), British Columbia's Family Law Act (S.B.C. 2011, c. 25, FLA), and Alberta's Family Law Act (S.A. 2003, c. F-4.5). Section 16(3) of the Divorce Act lists sixteen specific factors courts must consider, including: the nature and strength of the child's relationship with each parent; the child's views and preferences under Section 16(3)(e); each parent's willingness to support the child's relationship with the other parent under Section 16(3)(c); history of family violence under Section 16(3)(j); and any civil or criminal proceedings under Section 16(3)(k) of the Divorce Act that may be relevant.

Parenting time schedules can be established in three ways: by written parenting agreement between the parents (which may be filed with the court as a consent order under Section 16.8 of the Divorce Act); by unilateral court order following a contested hearing under Section 16 of the Divorce Act; or by consent order following mediation or collaborative family law process. Section 7.7 of the Divorce Act imposes a duty on legal counsel to encourage clients to consider family dispute resolution processes — including mediation, collaborative law, and parenting coordination — before litigation. Section 7.1 of the Divorce Act codifies the primary obligation of separating spouses to try to resolve matters through family dispute resolution where appropriate.

Provincial courts — including Ontario's Superior Court of Justice under Section 21 of the Courts of Justice Act (R.S.O. 1990, c. C.43), British Columbia's Supreme Court under Section 42 of the Family Law Act (S.B.C. 2011, c. 25), and Alberta's Court of King's Bench under Section 35 of the Family Law Act (S.A. 2003, c. F-4.5) — issue parenting orders for both married and unmarried parents. For unmarried parents, Section 20 of Ontario's Children's Law Reform Act (R.S.O. 1990, c. C.12), Section 40 of British Columbia's Family Law Act, and Section 18 of Alberta's Family Law Act govern parenting arrangements rather than the federal Divorce Act. Part III of the Children's Law Reform Act and Part 4 of British Columbia's Family Law Act set out the complete framework for determining parenting arrangements for unmarried parents. Section 24 of Ontario's Children's Law Reform Act specifies the best interests factors applicable in Ontario proceedings.

Relocation is governed by Section 16.9 of the Divorce Act, which requires 60 days' written notice before any relocation. Section 16.91 of the Divorce Act establishes the criteria the court must apply when deciding whether to permit relocation, including the reasons for the move, the impact on the child's relationships, and each parent's compliance history. The Supreme Court of Canada in Barendregt v. Grebliunas (2022 SCC 22) confirmed that Section 16.9 notice requirements are mandatory. Section 17 of the Divorce Act governs variation of existing parenting orders, requiring proof of a material change in circumstances since the original order. Section 41 of the Divorce Act addresses contravention of parenting orders, empowering courts to order makeup time, impose fines, or vary the arrangement. The Family Orders and Agreements Enforcement Assistance Act (R.S.C. 1985, c. 4 (2nd Supp.)), Part II, provides for interception of federal payments where a party has contravened a parenting order. Section 18 of the Federal Courts Act (R.S.C. 1985, c. F-7) grants the Federal Court supervisory jurisdiction over federal administrative decision-makers affecting family law matters. Part 1 of the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) (PIPEDA) governs the collection and use of personal information about children and parents in co-parenting applications and parenting coordination records.

A Canadian Parenting Time Schedule is needed whenever parents separate or divorce and must establish a formal, written arrangement for how their children will divide time between two homes.

Parents separating after a cohabiting relationship — whether married and proceeding to divorce under the Divorce Act, or unmarried and proceeding under provincial family law legislation — need a Parenting Time Schedule as part of their separation agreement or parenting plan to provide certainty for the children and to reduce the potential for ongoing conflict about day-to-day logistics. A written schedule prevents recurring disputes about pickup times, holiday plans, and special occasion arrangements.

Parents who have agreed on a parenting arrangement informally but wish to formalize it in a written document that can be filed with the court — as a consent order under section 16.8 of the Divorce Act or as a registered agreement under section 35 of Ontario's CLRA — need a Parenting Time Schedule to supplement the parenting order or agreement with the specific day-to-day details that court orders often omit.

Parents who have been using an informal verbal arrangement that is no longer working — because one parent is not following the agreed schedule, because the child's needs have changed, or because a conflict has arisen about a specific holiday or event — need to formalize the schedule in a written, signed document that can be enforced through the courts if necessary. Under section 41 of the Divorce Act, a court may make a make-up time order requiring a parent to make up parenting time that was wrongfully denied.

Parents involved in relocation disputes — where one parent wishes to move to a different city or province with the children — need an updated Parenting Time Schedule as part of the relocation application under section 16.9 of the Divorce Act. The Supreme Court of Canada's decision in Barendregt v. Grebliunas, 2022 SCC 22, confirmed that relocation requires prior written notice (60 days under s. 16.9) and court approval based on the best interests of the child, including the impact on the child's existing parenting time with each parent.

Parents whose children are approaching significant transitions — starting school, moving between elementary and secondary school, acquiring part-time employment or significant extracurricular commitments — need to review and update their Parenting Time Schedule to reflect the child's changed routine. Courts recognize that parenting arrangements should evolve as children mature; an updated schedule that reflects a teenager's preferences and activities is more likely to be followed voluntarily by all parties.

A complete Canadian Parenting Time Schedule contains specific components that address both regular parenting time and the many recurring variations that arise throughout the year.

The parties and children identification section states the full legal names of both parents and each child (with date of birth), confirming who is subject to the schedule. For children with different parenting arrangements — which can occur in blended families or where children have different ages — separate schedules or clearly differentiated provisions for each child are recommended.

The regular schedule section establishes the default weekly or bi-weekly parenting time rotation. Common Canadian parenting time schedules include: week-on/week-off (7-7) — the child spends alternating weeks with each parent, with a fixed transition day (often Sunday evening or Friday after school); 2-2-3 rotation — the child spends 2 days with Parent A, 2 days with Parent B, 3 days with Parent A, then alternates; 5-2-2-5 — two days with Parent A, two days with Parent B, five days with Parent A, five days with Parent B; and primary residence with specified parenting time — the child lives primarily with one parent and has defined parenting time (e.g., alternate weekends and one weeknight) with the other.

The statutory holiday and long weekend schedule allocates Canadian statutory holidays between the parents on an alternating annual basis or in a fixed pattern. Canadian statutory holidays addressed in parenting schedules typically include: New Year's Day, Family Day (Ontario, BC, Alberta — varies by province), Good Friday and Easter Monday, Victoria Day, Canada Day (1 July), Civic Holiday (August), Labour Day, Thanksgiving (second Monday in October), Remembrance Day (11 November — a holiday in most provinces outside Ontario and Quebec), Christmas Day (25 December), and Boxing Day (26 December).

The holiday period schedule addresses extended school breaks. For the Christmas/winter break — typically 2 weeks — the schedule should specify whether the break is split (one week with each parent) or alternated annually between parents. For March break — typically 1 week — alternating annually is standard. For summer vacation — typically 8 to 10 weeks depending on the province — most Canadian schedules give each parent a block of 2 to 4 weeks of uninterrupted vacation time, with the remainder continuing on the regular schedule.

The special occasions section addresses Mother's Day (second Sunday in May), Father's Day (third Sunday in June), each parent's birthday, and each child's birthday. Standard practice in Canadian parenting agreements is to guarantee the child time with the relevant parent on Mother's Day and Father's Day regardless of the regular schedule, and to allow the child's birthday to be spent with the birthday parent or shared between the parents on a defined basis.

The communication and transition provisions address: the designated location for pickups and drop-offs (school, a neutral location, or each parent's home); the required notice for schedule changes; the method of communication between parents about the child's welfare, school matters, and schedule coordination (email, the OurFamilyWizard co-parenting app, or another platform); and each parent's obligation to inform the other of emergency situations.

The variation and dispute resolution clause specifies the process for modifying the schedule by agreement (typically requiring written consent of both parents) and the dispute resolution mechanism for disagreements — mediation through a family mediator accredited by Family Mediation Canada, parenting coordination through a parenting coordinator under Ontario's Family Law Act amendment (Bill 17, 2020), or court application based on a material change in circumstances under section 17 of the Divorce Act.

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. The forms-legal.com Parenting Time Schedule (Canada) template covers the mandatory elements under Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.)) + provincial children’s law.