1. What Does a Parenting Plan Do?

2. What Does the Law Say About Parenting Plans?

3. Is a Parenting Plan Legally Binding?

4. What Should an Alberta Parenting Plan Include?

5. How to Develop a Parenting Plan

6. Common Parenting-Plan Mistakes

7. Reviewing and Changing a Parenting Plan

8. When Should You Speak With a Family Lawyer?

9. How Bridgestone Law Can Help

Introduction

Separation changes many parts of a family’s daily life. Parents who once made decisions within the same household must determine where their children will live, when they will spend time with each parent and how important decisions will be made across two homes.

A parenting plan is a written document that explains how separated parents will care for their children. It may address parenting time, decision-making responsibility, holidays, transportation, communication, travel and other practical matters affecting the children. Its purpose is to provide a predictable structure that serves the children’s best interests and helps reduce future misunderstandings.

A parenting plan can be relatively simple when parents communicate well and have straightforward schedules. Other families require detailed provisions dealing with shift work, long-distance parenting, medical needs, religious practices or concerns about conflict and safety.

The plan should be designed around the particular children involved. There is no single schedule or parenting arrangement that is appropriate for every Alberta family.

What Does a Parenting Plan Do?

A parenting plan turns broad intentions into practical arrangements.

Parents may agree that they will “share parenting,” but that phrase does not explain where the child will sleep on a Tuesday, who will take the child to an appointment or how the parents will divide winter break. A well-prepared plan answers those questions before they become disputes.

The plan can establish:

• when the child will be with each parent;

• how exchanges will occur;

• who will make significant decisions;

• how information about the child will be shared;

• how holidays and school breaks will be divided;

• how each parent will communicate with the child;

• what will happen when schedules change; and

• how future disagreements will be addressed.

A parenting plan is not intended to control every minor detail of family life. It should provide enough certainty to be useful while allowing reasonable flexibility where the parents can manage it safely.

What Does the Law Say About Parenting Plans?

Parenting arrangements in Alberta may be governed by the federal Divorce Act or Alberta’s Family Law Act.

The Divorce Act generally applies when married spouses are divorcing or when parenting issues are addressed within divorce proceedings. It defines a parenting plan as a document, or part of a document, containing agreed elements relating to parenting time, decision-making responsibility or contact.

Under section 16.6 of the Divorce Act, a court must include a parenting plan submitted by the parties in a parenting or contact order unless the court believes doing so would not be in the child’s best interests. The court may modify the plan before incorporating it into the order.

Alberta’s Family Law Act may apply to married and unmarried parents. Parenting arrangements made under that legislation must also reflect the child’s best interests.

A court will not approve a parenting plan merely because both parents signed it if the plan is contrary to a child’s safety or well-being. The child’s best interests remain the central consideration.

Is a Parenting Plan Legally Binding?

The legal effect of a parenting plan depends on how it is created and documented.

Informal Parenting Plan

Some parents prepare a written schedule themselves and follow it voluntarily. This may work well when the parents communicate effectively, but an informal plan may be difficult to enforce if one parent later stops following it.

Emails, text messages or a shared calendar can help show what the parents agreed to, but they may leave important terms unclear.

Parenting Agreement

A parenting plan can be incorporated into a formal written agreement. Each parent should generally receive independent legal advice before signing so they understand the terms and their legal consequences.

A properly prepared agreement can provide greater certainty and may be relied upon in later court proceedings. However, parenting arrangements are always subject to the child’s best interests and can be changed when legally appropriate.

Consent Parenting Order

Parents may ask the court to include their agreed parenting plan in a consent order. Once granted, the terms become a court order and can be enforced as such.

The court must still be satisfied that the proposed terms are in the child’s best interests.

Court-Imposed Parenting Order

When parents cannot agree, the court may determine the parenting arrangements after considering the evidence. The resulting order may contain many of the same provisions that would appear in a parenting plan, but the terms are decided by the court rather than negotiated by the parents.

What Should an Alberta Parenting Plan Include?

The appropriate level of detail depends on the family. The following subjects should generally be considered.

The Regular Parenting Schedule

The plan should identify when the child will be in each parent’s care.

A schedule may be based on:

• alternating weeks;

• a 2-2-3 rotation;

• weekdays with one parent and weekends with the other;

• alternating weekends with midweek time;

• a schedule built around shift work; or

• another arrangement suited to the child.

There is no automatic requirement for equal parenting time. The schedule should reflect the child’s age, needs, relationships, school, activities and ability to manage transitions.

The plan should identify the beginning and end of each parent’s time. Terms such as “every second weekend” can cause confusion unless the exchange times and starting weekend are specified.

Exchanges and Transportation

The plan should explain:

• where exchanges will occur;

• when the child will be picked up or returned;

• which parent is responsible for transportation;

• whether exchanges will occur at school or child care;

• how delays will be communicated; and

• whether another trusted person may transport the child.

School or child-care exchanges can reduce direct interaction between parents. This may be useful where communication is strained, provided the arrangement remains practical for the child.

Where there are family-violence or safety concerns, exchanges may require additional structure, a neutral location or third-party assistance.

Holidays and Special Occasions

A regular weekly schedule may not adequately address holidays.

A parenting plan can establish arrangements for:

• Christmas and winter break;

• spring break;

• summer vacation;

• Easter;

• Thanksgiving;

• Mother’s Day and Father’s Day;

• the child’s birthday;

• each parent’s birthday;

• religious and cultural holidays;

• long weekends; and

• other occasions important to the family.

The plan should state whether the holiday schedule overrides the regular schedule. It may also specify how the parents will alternate holidays from year to year.

Decision-Making Responsibility

Decision-making responsibility refers to authority over significant matters affecting the child.

A parenting plan may address decisions concerning:

• education;

• non-emergency health care;

• culture, language, religion and spirituality;

• significant extracurricular activities; and

• other major issues affecting the child.

Parents may share decision-making responsibility for all major issues. One parent may have responsibility for particular areas, or the parents may divide responsibility by subject.

Shared decision-making does not necessarily require equal parenting time. Similarly, equal parenting time does not automatically mean that every major decision must be made jointly.

The plan should also distinguish major decisions from routine daily decisions. Unless an agreement or order states otherwise, each parent will usually need to make ordinary day-to-day decisions while the child is in their care.

Emergency Decisions

A parenting plan should explain what happens when urgent medical or safety decisions cannot wait for consultation.

It may permit the parent caring for the child to take reasonable emergency action while requiring that the other parent be informed as soon as possible.

The plan can also require both parents to keep each other updated about the child’s medical providers, allergies, medications and emergency contact information.

Communication Between the Parents

Parents need a reliable way to exchange information about the child.

The plan may specify communication through:

• email;

• text message;

• telephone;

• a parenting communication application; or

• another agreed method.

The plan can establish reasonable response times and identify the types of information that must be shared. This may include school notices, medical information, activity schedules and travel details.

Communication provisions should be practical. Requiring immediate responses to every non-urgent message may create more conflict rather than less.

Communication With the Child

The plan can address telephone or video contact between the child and the parent who is not exercising parenting time.

The arrangements should reflect the child’s age and routine. A young child may benefit from brief, frequent calls. A teenager may prefer more flexibility and direct communication.

Communication should support the child’s relationships without intruding unnecessarily on the other parent’s time.

Education

School-related terms may address:

• which school the child will attend;

• who will receive report cards and school notices;

• attendance at parent-teacher meetings;

• responsibility for school registration;

• transportation;

• homework expectations; and

• educational supports.

Both parents should generally have access to appropriate information about the child unless an agreement, order or safety restriction provides otherwise.

Health Care

A parenting plan may set out:

• who schedules appointments;

• how appointment information will be shared;

• who may attend;

• how medications will move between homes;

• responsibility for dental, vision or therapeutic care; and

• how disagreements about treatment will be handled.

Detailed provisions can be particularly helpful when a child has ongoing medical, developmental or mental-health needs.

Extracurricular Activities

Activities can create conflict when they affect the other parent’s time or involve substantial travel and expense.

The plan may address:

• how activities will be selected;

• whether both parents must consent;

• who will register the child;

• transportation;

• attendance by both parents;

• equipment; and

• payment of expenses.

Child support and special or extraordinary expenses may be addressed in a separation agreement or support order. Parents should avoid assuming that a parenting-plan provision automatically resolves every financial obligation.

Travel and Passports

A parenting plan may include rules concerning:

• travel within Canada;

• international travel;

• advance notice;

• itineraries and contact information;

• travel consent letters;

• possession and renewal of the child’s passport; and

• responsibility for travel expenses.

International travel may require careful planning, particularly where there are safety concerns or questions about whether the child will be returned.

A parenting plan cannot override the legal requirements that may apply to a relocation. The Divorce Act contains specific notice and objection provisions for proposed relocations governed by that legislation.

New Partners and Extended Family

Parents sometimes want a plan to control when a new partner may be introduced to the child. Highly restrictive provisions can be difficult to apply unless they respond to a genuine concern.

A more useful plan may focus on respectful introductions, the child’s comfort and appropriate boundaries.

The plan may also recognize relationships with grandparents, siblings and other people who are important to the child.

How Future Disagreements Will Be Handled

Even a detailed parenting plan cannot predict every issue that may arise.

The plan may require parents to attempt one or more of the following before going to court:

1. direct written discussion;

2. consultation with a parenting professional;

3. mediation;

4. negotiation through lawyers; or

5. another agreed dispute-resolution process.

Court involvement may still be necessary where there is urgency, a serious safety issue or an issue the parents cannot resolve.

How to Develop a Parenting Plan

A practical planning process may involve the following steps.

1. Consider Each Child’s Needs

Parents should begin with the child rather than with a preferred percentage of parenting time.

Consider the child’s age, temperament, school, activities, health, relationships and ability to manage transitions. Siblings may have different needs even when the parents hope to use one schedule for the entire family.

2. Identify the Decisions That Must Be Made

List the major and everyday issues that will arise. This includes school, health care, activities, travel, transportation and communication.

Addressing these matters in advance can reveal where the parents already agree and where additional discussion is required.

3. Build a Workable Schedule

Test the proposed schedule against real-life demands.

Parents should consider commute times, school hours, child care, work schedules, activities and the child’s need for rest. A schedule that looks balanced on a calendar may create excessive travel or disruption.

4. Address Exceptions

Consider how holidays, vacations, illness, missed time and schedule changes will be handled.

Clear exception rules can prevent the regular schedule from becoming a source of disagreement.

5. Put the Plan in Writing

A written plan reduces reliance on different memories of a conversation. The language should be specific enough to understand and implement.

6. Obtain Legal Advice

A family lawyer can identify unclear or unenforceable terms and explain how the plan interacts with existing orders, child support, relocation rules and other legal obligations.

Independent legal advice is particularly important before signing a formal agreement.

Practical Examples

Parents With a Predictable Work Schedule

Two parents live near their child’s school and both work regular weekday hours. Their plan uses an alternating-week schedule with exchanges after school. It also divides holidays, provides for weekly information sharing and requires consultation on major medical and educational decisions.

The arrangement offers substantial time with both parents while minimizing direct exchanges.

A Parent Who Works Shifts

One parent works a rotating schedule that changes monthly. A rigid alternating-week arrangement would frequently conflict with work.

The parents instead agree that the shift-working parent will provide their schedule by a set date each month. Parenting time is then selected according to an agreed process, subject to minimum time and the child’s school commitments.

Detailed notice requirements make the flexible arrangement more predictable.

A Child With Additional Medical Needs

A child attends frequent specialist and therapy appointments. The parenting plan identifies which parent schedules appointments, requires both parents to receive reports and creates a shared medication log.

The added detail helps maintain consistent care across both homes.

Common Parenting-Plan Mistakes

Using Vague Terms

Phrases such as “reasonable parenting time” or “holidays will be shared” may work while relations are cooperative but provide little guidance during a dispute.

Copying Another Family’s Schedule

A standard template can identify issues, but it should not replace careful consideration of the child’s individual needs.

Leaving Out Transportation

Many disputes concern who must drive, where exchanges occur and what happens when someone is late. These responsibilities should be clear.

Failing to Address Holidays

A weekly schedule does not explain Christmas, summer vacations or special occasions. The plan should state when holiday terms override the usual schedule.

Confusing Parenting Time With Decision-Making

Time with the child and authority over significant decisions are related but legally distinct.

The plan should address both.

Making the Plan Too Rigid

Children’s needs and family schedules change. A plan should provide certainty without requiring court involvement for every minor adjustment.

Ignoring Safety Concerns

A cooperative parenting model may not be appropriate where there is family violence, coercive control or a serious inability to communicate safely. The plan must reflect the child’s and parents’ safety.

Relying Only on Verbal Agreements

Verbal arrangements can be misunderstood and may be difficult to prove. Written terms provide greater clarity.

Reviewing and Changing a Parenting Plan

A parenting plan should be reviewed as children grow and circumstances change.

A review may be appropriate when:

• a child starts school;

• the child’s activities become more demanding;

• a parent’s work schedule changes;

• one parent moves;

• the child develops new medical or educational needs;

• a teenager seeks greater flexibility; or

• the existing plan is producing repeated conflict.

Parents can agree to update their plan. If it forms part of a formal agreement or court order, the change should generally be documented properly.

When a final parenting order is already in place and the parents disagree about changing it, the parent seeking a variation will generally need to establish a material change in the child’s circumstances before the court reconsiders the arrangement.

When Should You Speak With a Family Lawyer?

Legal advice may be helpful when:

• the parents cannot agree on a schedule;

• there is an existing parenting order;

• the parents have significantly different understandings of shared parenting;

• one parent works shifts or travels frequently;

• the parents live in different communities;

• the child has significant medical or developmental needs;

• a parent is considering relocation;

• there are concerns about family violence or child safety;

• international travel is expected;

• a parent repeatedly fails to follow the arrangement; or

• the plan will be incorporated into a separation agreement or consent order.

A lawyer can help turn the parents’ intentions into clear terms and identify provisions that may create difficulties later.

How Bridgestone Law Can Help

Bridgestone Law assists parents in Calgary and throughout Alberta with parenting plans, parenting agreements, consent orders and contested parenting matters.

We can help you identify the issues your plan should address, develop practical terms and ensure that the proposed arrangements remain focused on your child’s best interests. We can also assist with negotiation or mediation when parents need help reaching an agreement.

Where an agreement is not possible, Bridgestone Law can help present your proposed parenting arrangements to the court and seek an order that provides appropriate safety, stability and clarity for your child.