Parenting Plan

When family law lawyers use this term in Ontario, they are usually talking about a multi-page document which creates a "road-map" for parents on how to deal with their child(ren) and each other after a separation.

A Parenting Plan may be authored by a variety of people. Many Parenting Plans are the result of negotiations between Mom and Dad, with the assistance of lawyers. Other Parenting Plan result from the recommendations by professionals involved, for example, in a custody/access dispute. An assessor under section 30 of the Children's Law Reform Act can be one such person. Mom and Dad might also have met with a mediator to work out the terms of a Parenting Plan and if successful, that document would contain all the agreed-to terms.

Parenting Plans in Ontario can address a whole host of issues relating to children. Here are some examples:

1. who will make decisions about major issues in the children's lives (custody).
2. where the children will live (residence).
3. if the children will live mainly with one parent, much often and when specifically the other parent will spend time with the children (access).
4. whether the parents can move with or without the children (mobility).
5. what the protocol will be if a child requires emergency care when in the care of one parent.
6. what happens when access is missed.
7. what happens if one parent cannot care for the children on their time.
8. who, other than the parents, can look after the children.
9. how holidays and special occasions will be shared.

This is not a complete list of issues covered by Parenting Plans - they differ from family to family depending on the particular needs of the children and their parents.

Some Parenting Plans, particularly in high-conflict cases, include the appointment of a Parenting Coordinator (commonly known as a "PC") - usually, this person assists the parents in resolving their disputes and depending on the parties' agreement, may have arbitral powers, meaning, they can actually be empowered to break any deadlocks and made final decisions.

A thorough, thought-through Parenting Plan is an invaluable tool for separated parents. It can help immensely on the road ahead, particularly during periods, as there are in life in general, when the separated parents are not getting along very well.

What is ADR?

ADR stands for alternative dispute resolution (sometimes also referred to as external dispute resolution). This term describes collectively various approaches for resolving disputes between two (or more) parties without having to use the court system.

Alternative dispute resolution encompasses dispute resolution mechanisms such as mediation, arbitration, mediation/arbitration, negotiation, collaborative law and other subcategories of dispute resolution. 

ADR has become an increasingly viable and popular method of addressing disputes, including family law disputes, for a number of reasons. The administration of justice, including in Ontario, has faced increasing pressure from a number of fronts. Rapid urban expansion has meant that courts are facing more and more litigants every day. In the meantime, there is competition for financial resources, including from healthcare. As courts become busier and busier, alternative methods of addressing disputes become increasingly attractive. More and more litigants are turning to mediation and arbitration, for example, to sort out their family law problems.

In summary terms, mediation is a process where spouses meet with a third party who is skilled at facilitating negotiation between them. Mediation may be open or closed. In closed mediation, nothing said in the context of the negotiations with the mediator can be repeated in either an existing or a later court proceeding.  In open mediation, the reverse is true and either party may request that the mediator issue a report summarizing the process and outcome of the mediation. Either party may then rely on this report before the court.

Arbitration is essentially "private court". The parties to an arbitration agree that a person selected by them (the arbitrator) will make a binding decision on the issue(s) put before him or her. In Ontario, the arbitrator is bound by the same law that a judge would be bound in making his or her decision for the parties.

Mediation/arbitration is a hybrid of the two processes described above. For a period of time, the parties attempt mediation. Based on specific, agreed-to terms, the mediation ends if the parties are unable to reach a resolution and the mediator then puts on an arbitrator's hat. This means that he/she then convenes a formal hearing of the outstanding issue(s) and after considering evidence and submissions, makes a binding decision for the parties.

For further information about how ADR may be of assistance to you in a family law dispute, speak to a family law lawyer.

Artwork: Kees Van Dongen