Family Lawyers in Oakville
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/ Parenting
Parenting Agreements
Parenting agreements can ease the stress of separation, and our experienced team helps you create a plan that works for everyone involved.
When a divorce is not overly contentious, the divorcing couple is often able to work out a parenting agreement outside of court for their child or children.
This agreement covers such things as custody and visitation, holiday visits, transportation, childcare and education, medical decisions and more.
At Galbraith Family Law our lawyers are highly experienced in creating parenting agreements that satisfy both parties and that ensures that all important details are covered.
What you need to know about a parenting agreement
The agreement can be as detailed or as simple as you and the other parent would like it to be. It typically includes basic information such as custody and visitation schedule, along with alternating holidays, financial responsibilities other than child support, transportation, medical decisions, educational decisions and any other life decisions that one or both of the parents deem important.
If you and the co-parent have conflicts over parts of the agreement or you just want to make sure to spell everything out correctly, a skilled lawyer from Galbraith Family Law can help.
We can help you work on a parenting plan to enter as part of your divorce agreement. Our decades of experience ensure you won’t leave out any important details. We’ll fight for your rights as a parent.
What is typically covered in a parenting agreement?
1
Custody and Visitation
Here, the agreement will explain if one parent is going to have primary physical custody or if the parents will be sharing joint custody. In the case of joint custody, the agreement will also detail the amount of time the children will spend with each parent.
One key to remember here is that once an agreement is finalized, it cannot be modified without going back to court. Our parenting agreement lawyers can always help you with modifying an order should circumstances change in the future.
2
Holiday Visits
This is another important consideration that the parenting agreement typically addresses. Where will children spend the holidays? Will there be a schedule rotation? You should also think about other important dates like birthdays, vacations, religious holidays, traditional family gatherings and more.
If you and your ex-spouse live close together, you could even split a holiday like Christmas Eve at one house and Christmas Day at another.
3
Transportation
This is an important consideration as transportation of children is often a contentious issue for parents. In this part of the agreement, who drives whom and where and when will be defined. It could cover things like transporting kids to school and extracurricular activities, and pick up and drop off locations for when kids are changing from one house to the other under the visitation agreement. You could also cover travel details and costs if parents live a longer distance apart.
4
Childcare and Education
This section will cover the education needs of the kids. For example, if school tuition is a requirement, the agreement will explain who pays what. Other decisions made here could include who picks the school that the child will attend. You could also set rules for who can care for the children outside of school (for example, grandparents, babysitters, etc.).
5
Medical Decisions
Who will make medical decisions for the child is detailed here. Often, parents will make healthcare decisions about their child together. However, in the case of emergencies, that may not be possible.. Thus, here it will need to be spelled out that one or both parents are allowed to make emergency decisions. Parents of children with special needs may want to get more specific with general medical instructions and decisions as well.
6
Education
Parenting agreements can also address how much each parent will contribute to a child’s college education. Parents may also outline savings for things like orthodontics, travel or vehicles.
7
Religion
Provided that religion (or lack of religion) is important to one or more of the parents, it can also be addressed in the parenting agreement. If a parent is deeply religious, they may want to include detailed plans around religious education and participation. If a parent is not religious at all, they may not want the child exposed to religion until he or she is older.
8
Communication
Another area that the parenting agreement may need to address is when and how parents and children can communicate with each other. Older kids have cell phones, and if one parent plans on limiting screen time, the other parent may need to limit when they communicate with the child. A parenting agreement can spell out such limitations.
9
Relationships
One more thing to consider when completing a parenting agreement is how each parent wants the child to maintain relationships with other family members, including step siblings, grandparents, cousins and other close family members. Parents may also want to set ground rules about how they introduce their dating partners to the children.
What is the best way to create a parenting agreement that works?
There is a lot to consider when creating a parenting agreement. We can make sure that nothing important is left out. And even if you and your co-parent are having disagreements over certain areas of the plan, we can help you come to an understanding, or we can work with a mediator to help you achieve your goals.
We understand that there is a lot that goes into creating a good parenting agreement. Hence, we will work closely with you to ensure you get a plan that you can live with.
Been with them for a year and a half, they are very responsive and really have your best interest in mind.
Erika MacInnis
Frequently Asked Questions
On its own, a written plan between co-parents is not automatically enforceable. To be upheld, a parenting agreement typically requires independent legal advice, proper drafting, signing, or inclusion in a court order. An Ontario parenting plan lawyer can ensure the plan is drafted to support you in the event of future conflict.
A parenting plan is an agreement you both accept that outlines schedules, decision-making, and day-to-day arrangements. A custody/parenting order, on the other hand, is a court order. In Ontario, most families choose to negotiate the terms themselves in a co-parenting plan, as it is easier to live with a plan tailored to your family's lifestyle and your children's needs than with a standard plan.
This depends on the terms of the agreement and whether it is part of a court order. If it is, you may have enforcement options; if it isn't, the first step is usually to address the breach directly or through your lawyer. Having a clear parenting schedule in Ontario from the beginning, with concrete terms rather than vague ones, usually helps avoid these conflicts in the first place.
Children's needs change, so a plan that fits a toddler rarely suits a teenager. When both parents agree, updating a shared parenting plan in Ontario is straightforward. When they don't, and the plan is part of a court order, a change may require the court's involvement. As a result, many parents build a review process into the agreement to handle these adjustments more smoothly.
Questions?
Contact us
At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
