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Who Takes The Children?-The Parenting Plan

  • Writer: Kereka McIntyre
    Kereka McIntyre
  • Oct 7, 2023
  • 2 min read

Updated: Oct 28, 2023

Settling the affairs concerning the children of a union, is quite often the most hard-press issue during a custody battle, separation or divorce. The question of who should take the children and when, has perhaps resulted in too many lengthy, often expensive court custody battles.

There's an old saying 'nobody wins when the family feuds' and that statement stands true in disputes surrounding decision making responsibilities, pertaining children. That is why it is important to develop a structure outlining how you will parent you children; and what better way to do that than outlining it in a Parenting Plan?




What is a Parenting Plan?

A parenting plan is a kind of domestic contract. It is essentially a parenting handbook, created by you the parents, with the legal input and assistance of your lawyer. A parent plan outlines almost all aspect of the parenting relationship including eventualities.

A typical parenting plan could include of the following provisions:


  • Childrens schedule of Activities

  • Parents Rights of First Refusal or Priority for Parental Care

  • Religious upbringing

  • How and when new partners are introduced to children

  • Travel and Relocation


Who needs a Parenting Plan?

It is recommended to enter into a parenting plan if:

(a) You are NOT getting along with the other parent

(b) You ARE getting along with the other parent



Why do I need a parenting plan?

A parenting plan is strongly recommended because:

  • It helps to establish a routine for parents and children

  • Establishes boundaries for communication

  • Helps to forecast and gauge your child's activities

  • Useful to help to determine a cap on budget for your child expenses

  • Helps to keep track and prepare for holidays since they are predetermined

  • Gives parents flexibility to talk things out

  • Helps to regulate emotions for instance how and when new partners are introduced to the children/ other parents



What if one parent is not acting in accordance with the plan?

The parenting plan can be incorporated into a court order. This demonstrates a serious willingness on the part of both parents to commit to a coordinated effort to raising their children.


What if I want to modify the plan?

If your parenting plan was incorporated into a court order and you would like to change certain provisions in the parenting plan, you would be required to bring an application to the court, to vary the previous order.



Kereka McIntyre is a Barrister Solicitor & Notary Public , located in Ontario, Canada


 
 
 

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