Finalizing Your Custody Agreement in Canada: 3 Options
In Canada, separating and divorcing parents who reach a custody agreement don't have to go to court. A custody agreement (also called a parenting plan) is a document that details agreed-upon parenting arrangements.
You can customize this to fit your situation with Custody X Change.
To form an agreement, you can negotiate one-on-one with the other parent, or you can use the help of a lawyer or an alternative dispute resolution method.
From there, you have three options.
Option #1: Hold on to your custody agreement
Once you have an agreement, you can simply keep it between you and the other parent.
Agreements signed by both parents and a witness are legally binding, meaning one parent can sue the other if they disobey the terms. But there's no guarantee that the court will uphold the agreement.
It's recommended that you hire a lawyer to draft your agreement. Lawyers know how to word and structure agreements so that they are ironclad. A local legal aid society can help if you cannot afford a lawyer. Or you could use a thorough parenting plan template.
Option #2: File your custody agreement with the court
Another option is to file your agreement with the court. The filed agreement becomes enforceable like a court order.
This option is only available in select provinces:
- British Columbia
- Nova Scotia
- Ontario
- Québec (In Québec, the process is called homologation.)
You'll have to file additional paperwork with your agreement, typically an affidavit. You may have to pay filing fees.
Agreements on file with the court differ from consent orders (more below) in that they are easier to change. Also, you can include more details in an agreement; consent orders are more succinct.
Option #3: Turn your agreement into a consent order
A consent order is a court order made up of terms parents agree on.
To get a consent order, you must petition the court. You may have to pay filing fees.
It's unlikely that you will have to appear in court. After you turn in your paperwork, the judge will review your agreement and, if the terms are in the child's best interest, sign off on it. You'll receive a copy of the order in the mail.
If you do have to appear in court, it will be for a short hearing where the judge will review your agreement's terms and confirm that you both agree to them.
Consent orders can only change with the court's permission. If a parent disobeys the order, they face sanctions from the court.
Following your custody agreement
Your settlement is only the beginning of your new co-parenting relationship. A co-parenting app can be vital to making the relationship work.
The Custody X Change online app has a thorough set of co-parenting tools: shared calendars, parent-to-parent messaging, expense tracking and more.
You can customize this to fit your situation with Custody X Change.
Turn to Custody X Change to ensure the best possible future for your child and your evolving family.