Understanding Parenting Time Schedules in Ontario

When parents separate or divorce, one of the most important and emotionally charged issues to resolve is parenting time. A well-structured parenting time schedule provides stability for children and clarity for parents. But how are these schedules determined? What does the law consider? And where can parents turn for guidance?

This article explains the legal framework for parenting time schedules in Ontario, how courts make decisions using the best interests of the child test, and how the AFCC-Ontario Parenting Plan Guide and Template can serve as a useful resource for families.

This article is not a substitute for legal advice.

What Is Parenting Time?

Under the Divorce Act and the Children’s Law Reform Act, “parenting time” refers to the time a child spends in the care of a parent. Parenting time was formerly referred to as access.

Parenting time schedules can be highly individualized. Some families choose a week-on/week-off schedule, while others prefer shorter rotations such as a 2-2-3 or 5-2-5 arrangement. The right schedule depends on the child’s needs, the parents’ circumstances, and practical considerations such as work schedules and the distance between homes.

Key Factors in Determining the Child’s Best Interests

In Ontario, the “best interests of the child” is the governing legal standard for determining parenting time. Courts — and parents crafting their own agreements — must focus on what will best support the child’s emotional, psychological, and physical well-being.

While the exact list of factors appears in section 16 of the Divorce Act and section 24 of the Children’s Law Reform Act, key considerations include:

1. The child’s needs and stage of development
   Younger children may benefit from shorter, more frequent transitions, while older children may thrive with longer blocks of time in each home.
2. Each parent’s ability and willingness to meet the child’s needs
   This includes providing emotional support, supervision, daily routines, and involvement in education.
3. Stability and continuity
   Children thrive when routines remain consistent. Judges consider how to maintain stability after separation.
4. The child’s views and preferences
   Depending on the child’s age and maturity, their wishes may carry significant weight.
5. Parental communication and cooperation
   High conflict may influence how parenting time is structured, particularly if frequent transitions would expose the child to ongoing disputes.
6. Family violence
   Any history of abuse or coercive control is taken extremely seriously and can significantly affect parenting arrangements.
7. Cultural, linguistic, and religious considerations
   Schedules should respect and support the child’s identity and community connections.

No single factor dominates. Courts take a holistic approach, assessing the arrangement that will best allow the child to thrive.

Practical Factors That Influence Parenting Time

In addition to the legal test, parents and courts consider practical realities, including the distance between homes, each parent’s work schedule, proximity to the child’s school and activities, transportation needs, and the feasibility of exchanges. These elements help ensure the schedule works well both legally and day-to-day.

Using the AFCC-Ontario Parenting Plan Guide and Template

The Association of Family and Conciliation Courts – Ontario Chapter (AFCC-Ontario) offers one of the most helpful resources for separating parents: the Parenting Plan Guide and Template (the “Guide”).

Widely adopted by lawyers, mediators, and parents, the Guide has been cited approvingly in Ontario court decisions, including most recently by the Divisional Court in Tremblay-Chartier v. Blanchette, 2025 ONSC 6273.

The Guide explains common parenting schedules, provides developmentally informed recommendations for children of different ages, offers examples of holiday and vacation arrangements, and includes guidance on decision-making responsibility, communication tools, and conflict management. It helps parents think through issues they might otherwise overlook, such as how plans should evolve as the child grows.

The Guide promotes child-focused, practical planning and encourages cooperation. For example, in high-conflict cases, it suggests alternatives such as having a grandparent handle exchanges to minimize the child’s exposure to parental conflict. Many legal professionals refer parents to this resource because it reduces misunderstandings and supports tailored solutions.

Important Note: In cases involving ongoing family violence or serious mental health or substance abuse issues, voluntary arrangements may not be appropriate. In such situations, it is often better to seek a court-ordered parenting plan with legal assistance. The Guide itself notes that a jointly made parenting plan is only feasible where both parents are willing and able to communicate, cooperate, and prioritize the child’s needs.

Negotiation of Parenting Time Schedules

Parenting time is not always resolved through litigation. Many families reach agreements through:

• Separation agreements: Negotiated by the parties themselves or with their lawyers.
• Mediation: a neutral third-party mediator, preferably trained in family law, works with parties to guide them towards a mutually agreeable parenting schedule.
• Collaborative family law: The parties and their counsel negotiate without resorting to court.
• Parenting coordination: A parenting coordinator assists in developing or interpreting a schedule and resolving disputes that arise from an existing plan.

Court intervention is usually a last resort. When required, judges apply the best-interests test and may refer to resources such as the AFCC-Ontario Guide for guidance.

Impact of the Parenting Plan on Child Support Obligations

A parenting plan can directly affect child support obligations, as support is closely linked to the amount of parenting time each parent exercises.

If the child resides primarily with one parent and has regular parenting time with the other, the non-primary parent is generally responsible for paying the full table amount of child support based on the Federal Child Support Guidelines and their income.

Where the plan provides for shared parenting (generally understood as each parent having the child at least 40% of the time over the course of a year), support is typically calculated using a set-off approach: each parent’s table amount is determined based on their income, and the higher-income parent pays the difference to the lower-income parent. Courts may also consider the actual costs of shared parenting and the child’s condition, means, needs, and circumstances when assessing the appropriate amount. For more information, see the article “Child Support Primer” (insert link).

Crafting a Parenting Plan That Works

A thoughtful parenting time schedule can reduce conflict and help children feel secure during a time of change. Whether reached independently or with court assistance, the guiding principle remains the same: what schedule best supports the child’s well-being?

Using resources like the AFCC-Ontario Parenting Plan Guide — and working with an experienced family lawyer — can help parents create a clear, practical plan tailored to their family’s unique needs.

If you have questions about parenting time or need help developing or modifying a parenting plan, the team at SD&A is here to support you every step of the way.