A Canadian Parenting Agreement (also referred to as a child custody agreement, parenting plan, or separation agreement for children) is a written agreement between two parents that establishes arrangements for the care and upbringing of their children following separation. Since the 2021 amendments to the Divorce Act (S.C. 2019, c. 16, in force March 1, 2021), Canadian family law uses the terms "decision-making responsibility" instead of "custody" and "parenting time" instead of "access." This terminology shift reflects a child-centred approach and is gradually being adopted by provincial legislation across Canada.

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.

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.

This 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.

This 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.

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.