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We can’t agree on a parenting plan, what is next?

For divorcing parents in Ontario, agreeing to a parenting plan can sometimes be one of the most challenging aspects of ending a marriage. As a last resort, the couple might decide to resolve their differences in court. However, other options might be available before they take the matter before a judge.
 
Some parents decide to negotiate their case with the help of lawyers. Each party will have a separate person represent them to ensure that the family law lawyer is acting in their best interests. A second option is to discuss the case with a mediator who offers various solutions.
 
However, the mediator may not provide legal counsel or make a specific decision in the case. A lawyer can also represent each parent during mediation. However, mediation is not suggested if the couple has dealt with domestic violence issues or if there is a power struggle between them. Parents might choose arbitration to help them draw up a parenting plan. An arbitrator is usually a mental health or legal professional, and parents generally need to pay for their services. Unlike mediators, an arbitrator can enforce legal decisions related to a parenting plan, but both parents must have representation.
 
If the parents decide not to use any of these options, they can go to court where the judge will make a decision. The judge will consider what the child wants, the connection between each parent and the child, the stability of the residences, and the parents’ ability to care for and support the child. The judge will also consider any prior abuse or violence toward any family member or toward the child. A family law lawyer can represent a parent during any part of the process related to resolving a parenting plan.
 
Source: Community Legal Education Ontario, “Separation and Divorce: Child Custody, Access, and Parenting Plans“, September 23, 2014