How to Make a Parenting Plan in Newfoundland and Labrador

A parenting plan isn't optional — if you're separating with children in Newfoundland and Labrador, you either agree on one or a judge writes one for you. The plan you draft yourself will almost always fit your family better than what a court imposes.

Here's what belongs in a Newfoundland and Labrador parenting plan and how to make it enforceable.

The Components Every Plan Needs

Provincial judges and Family Justice Services (FJS) mediators expect to see specific, operational detail — not vague statements like "parents will share time equally." At minimum, your plan should cover:

Parenting time schedule. A week-by-week calendar showing exactly when the child transitions between homes. Include specific days, times, and pickup/dropoff locations. Common structures: alternating weeks (50/50), a 4-3 split (60/40), or alternating weekends (roughly 80/20).

Holiday and vacation schedule. This overrides the regular weekly schedule. Address Christmas, Easter, Thanksgiving, summer break, March break, birthdays, and Newfoundland-specific holidays like Regatta Day. Most plans alternate major holidays year by year.

Decision-making responsibility. Specify whether major decisions about health care, education, religion, and extracurricular activities are joint, sole, or divided by topic. Joint decision-making means both parents must agree before acting — not that one parent decides and informs the other.

Communication protocols. How parents communicate with each other (email only, a co-parenting app, text for emergencies) and how the child stays in contact with the non-residential parent during the other's parenting time (phone calls, video chats, and at what times).

Transportation. Who drives, who picks up, meeting point if parents live far apart. Be specific enough that there's nothing to argue about at 5 PM on a Friday.

Right of first refusal. If one parent can't be with the child during their scheduled time (work trip, illness), does the other parent get first option before a babysitter or relative steps in? Specify the minimum duration that triggers this — most plans use 4 or more consecutive hours.

Medical and school access. Both parents should have independent access to medical records, school reports, and teacher communications. Include a clause requiring each parent to add the other to school contact lists and authorize medical providers to share information.

Dispute resolution. A step-by-step process for resolving future disagreements — typically: discuss directly, then mediate through FJS, then apply to court. Having this in writing prevents small disagreements from escalating immediately to litigation.

Making It Enforceable

A parenting plan that both parents sign is a contract, but it doesn't carry the weight of a court order until it's filed. In Newfoundland and Labrador, you have two paths:

File as a Consent Order. If both parents agree on the plan, it can be submitted to the Supreme Court as a Consent Order using Form F34.02A and F34.02B. Once a judge signs it, the plan becomes a binding court order enforceable through contempt proceedings.

Include it in a Separation Agreement. Under Section 65(5) of the Family Law Act, a written separation agreement that's signed and properly witnessed can be filed with the court and enforced as if it were a court order.

FJS mediators can help you draft a Consent Order if your plan comes together during mediation — their service is free.

Common Gaps That Create Problems Later

The plans that end up back in court tend to share the same weaknesses:

• No relocation clause. Under the Divorce Act, a parent must give 60 days' written notice before moving. Your plan should reference this and include a process for modifying the schedule if one parent relocates.
• Vague holiday language. "Parents will share holidays" means nothing enforceable. Specify which parent gets which holiday in odd vs. even years, including exact pickup and dropoff times.
• No provision for extracurricular costs. Beyond child support table amounts, Section 7 expenses (extracurriculars, tutoring, medical costs not covered by insurance) need a clear split — typically proportional to each parent's income.
• Using old terminology. Plans filed in 2026 should use "decision-making responsibility" and "parenting time," not "custody" and "access." Using outdated terms won't invalidate your plan, but it signals to the court that you haven't engaged with current provincial law.

The Newfoundland and Labrador Custody and Parenting Plan Guide provides clause-by-clause templates for every component above, plus worksheets for working through holiday divisions, expense tracking, and communication boundaries before you sit down with a mediator.

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