How to Write a Parenting Plan for Ontario Court Without a Lawyer

Writing a parenting plan for Ontario court without a lawyer means completing one core task: building a detailed parenting proposal that covers decision-making responsibility, parenting time schedules, holiday rotations, and dispute resolution — formatted for the Form 35.1 Affidavit. The court doesn't care whether a lawyer drafted it. It cares whether the plan addresses every element a judge needs to evaluate the best interests of the child under Section 24 of the Children's Law Reform Act and Section 16 of the Divorce Act.

Here's the step-by-step process, from understanding the new terminology to filing a complete parenting plan.

Step 1: Get the Terminology Right

Ontario's family law language changed with the 2021 Divorce Act amendments. The court no longer uses "custody" and "access." Your documents need the current terms:

• Decision-making responsibility replaces "custody" — who makes major decisions about the child's education, health, religion, and significant extracurricular activities
• Parenting time replaces "access" — the schedule of when the child is with each parent
• Contact applies to non-parents (grandparents, other relatives) who have time with the child

Using the old terms in your court documents won't void your application, but it signals to the judge that you haven't reviewed the current legislation. Start with the right language.

Step 2: Choose Your Court Path

Ontario has two paths to a parenting order, and choosing the wrong one wastes time and filing fees:

Divorce Act (federal) — for married parents who are divorcing. Filed in the Superior Court of Justice. Application Form 8A. Gives the court authority over parenting, support, and the divorce itself.

Children's Law Reform Act (provincial) — for unmarried parents, or married parents who want a parenting order without divorcing yet. Can be filed in Ontario Court of Justice or Superior Court. Application Form 8.

Both paths produce enforceable parenting orders. The CLRA path is faster for unmarried parents because it avoids the divorce process entirely.

Step 3: Map Your Parenting Schedule

This is where most self-prepared plans fail. "Reasonable parenting time" is not a schedule — courts reject it because it's unenforceable. You need specific days, times, and transition arrangements.

Common rotation patterns in Ontario custody arrangements:

• Alternating weeks — 182.5 overnights per parent. Above the 40% threshold.
• 2-2-3 rotation — children spend 2 days with Parent A, 2 with Parent B, 3 with Parent A, then reverse. Results in 182.5 overnights each. Above the 40% threshold.
• 2-2-5-5 rotation — consistent days each week (e.g., Parent A always has Monday-Tuesday, Parent B always has Wednesday-Thursday, weekends alternate). Same overnight count as 2-2-3 but more predictable.
• Alternating weekends with mid-week evening — primary residence with one parent, alternating weekends plus one weeknight dinner or overnight with the other. Typically 90-120 overnights for the non-primary parent — below 40%.

The 40% threshold matters because it changes child support calculations. When both parents have at least 146 overnights out of 365 (40%), child support moves from the straight Guidelines table amount to the Section 9 set-off formula established in Contino v. Leonelli-Contino. One overnight can mean hundreds of dollars per month in support difference.

Count your overnights precisely. Don't estimate.

Step 4: Draft Decision-Making Responsibility Clauses

"Joint custody" — or rather, joint decision-making responsibility — doesn't mean 50/50 parenting time. It means both parents must agree on major decisions in four categories:

1. Education — school enrollment, special education decisions, tutoring
2. Non-emergency health care — choosing a dentist, orthodontist, therapist, vaccinations
3. Religious upbringing — faith community involvement, religious education
4. Significant extracurricular activities — competitive sports, music lessons, camps with financial commitments

For each category, your plan needs to specify: Who makes the decision? Must both parents agree? What happens when they disagree? A dispute resolution clause — mediation before court — prevents deadlocks from escalating to motions.

Step 5: Build Your Holiday Rotation

Ontario statutory holidays, school breaks, and special days all need explicit assignments:

• New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving, Christmas Eve, Christmas Day, Boxing Day, New Year's Eve
• March Break (full week), summer vacation (specify weeks or month-long blocks)
• Birthdays (child's birthday, Mother's Day, Father's Day)
• School PA days and professional development days

Alternate by odd/even years. Specify exact transition times (e.g., "Christmas Eve at 10:00 a.m. to Christmas Day at 2:00 p.m."). The more specific your holiday rotation, the fewer disputes arise after the order is in place.

Step 6: Complete the Form 35.1 Affidavit

The Affidavit in Support of Claim for Custody or Access (Form 35.1) is where your parenting plan becomes a court document. It's a sworn statement that includes your proposed parenting arrangements, the child's current living situation, and your position on decision-making responsibility.

The affidavit needs to read as a detailed parenting proposal — not a narrative of what went wrong in the relationship. Judges review hundreds of these. Clear structure, specific schedules, and enforceable clauses stand out. Vague wishes and emotional arguments don't.

The Ontario Child Custody & Parenting Plan Guide provides the Form 35.1 Preparation System — structured worksheets that walk you through each section of the affidavit and produce the outputs the court registry needs.

Step 7: Attend the Mandatory Information Program

Before your first case conference, every party in an Ontario family court case must attend the Mandatory Information Program (MIP). It's a free session (about two and a half hours) that explains the court process, mediation options, and the impact of separation on children.

Both parents attend separately. You'll receive a certificate of completion that must be filed with the court. Don't skip it — your case conference will be adjourned if you haven't completed the MIP.

Frequently Asked Questions

What happens if my co-parent won't agree to a parenting plan?

If your co-parent refuses to negotiate, you can file your Application and proposed parenting plan with the court. The court will schedule a case conference where a judge reviews both parents' positions and attempts to narrow the issues. If settlement isn't possible, the matter proceeds through a settlement conference and potentially to trial. Having a detailed, reasonable parenting proposal already prepared strengthens your position — even if the other parent doesn't cooperate.

Can I modify a parenting plan later without a lawyer?

Yes. You can bring a Motion to Change (Form 15) when there's a material change in circumstances — a parent relocates, the child starts school, income changes significantly, or the current arrangement isn't working. The threshold for modification is that the change must be significant enough that the original order would have been different had the court known about it. You can file this motion yourself.

Do Ontario courts prefer 50/50 parenting time?

Ontario courts don't start with a presumption of equal parenting time. They apply the best interests of the child test under Section 24 of the Children's Law Reform Act, considering factors like each parent's ability to care for the child, the child's existing relationships and routines, the child's views and preferences (depending on age), and each parent's willingness to support the child's relationship with the other parent. A 50/50 schedule is one option — the court evaluates whether it serves this particular child.

How do I handle child support in my parenting plan?

Your parenting plan and child support are separate documents but connected calculations. Use the Federal Child Support Guidelines tables to determine the base amount based on the paying parent's income (Line 15000 of the T1 return). If your parenting schedule crosses the 40% threshold, both parents' incomes matter under the Section 9 set-off calculation. Section 7 extraordinary expenses (daycare, extracurriculars, medical costs) are shared proportionally to income on top of the base amount.

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