Practice areas · Parenting arrangements
What’s best for your children.
Schedules, decisions, holidays, transitions. The details that shape your children’s lives after separation — settled carefully, not quickly.
Where you are
You are not just trying to solve a legal problem. You are trying to protect a childhood.
Most parents who call us are thinking about bedtime routines, birthdays, school pick-ups, holidays, and what to say when their child asks why everything changed. The law matters because the day-to-day details matter.
Parenting arrangements create the legal framework for how your children will be cared for after separation: where they are, when they are there, and who makes major decisions about their lives.
Book a consultationWhat it covers
Three things to put in writing
Since March 2021, the federal Divorce Act has used the terms parenting time and decision-making responsibility instead of custody and access. The language is different. The real questions are the same: where the children are, who decides, and how the arrangement works in real life.
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Parenting time
The regular schedule, where the children live, school transitions, transportation, holidays, summer plans, and how time with each parent is structured.
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Decision-making responsibility
Who makes major decisions about education, healthcare, religion, culture, and significant extracurricular activities — and whether those decisions are made jointly or by one parent.
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The practical details
Communication rules, exchange locations, travel notice, school information, emergency decisions, and what happens when a schedule has to change.
The goal is not equal time on paper. The goal is stability, safety, predictability, and a structure your children can actually live with.
How arrangements are assessed
The legal test is the best interests of the child
There is no automatic presumption that parenting time should be 50/50, and no automatic presumption that one parent should be primary. The right arrangement depends on the facts of the family and the child’s physical, emotional, and psychological safety, security, and wellbeing.
Shared parenting time
A child spends at least 40% of the year with each parent. That threshold matters for child support, but it is not a goal every family should be engineered around.
Majority parenting time
A child lives with one parent more than 60% of the year, with a clear schedule for the other parent. The pattern can still be generous, specific, and child-centred.
Safety-focused arrangements
Family violence, coercive control, substance use, untreated mental illness, or other risks may affect parenting time, exchanges, communication, and decision-making.
Children’s views
A child’s views may matter, depending on age and maturity. Children should not be asked to choose between parents, and there are better ways to bring their voice forward when needed.
How arrangements are made
Three ways to get there
Most parenting arrangements are reached without a judge. When both parents are willing to work together — even imperfectly — there are often faster, less damaging paths than court.
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Negotiated agreement
You and the other parent work through the terms directly or with lawyers. A written agreement gives the schedule and decision-making rules a clear structure.
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Collaborative process or mediation
A structured process can keep the discussion focused on the children rather than on positions. A family specialist can be involved when the children’s needs require closer attention.
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Court order
When agreement is not possible — or when safety is a concern — a judge may need to decide. Court usually takes longer and costs more, but it is sometimes the right path.
We will tell you honestly when court is necessary and when another process may serve your family better.
When there is no active co-parent
Single parents need legal clarity too — sometimes more of it.
Not every parenting situation involves two engaged parents working things out together. If the other parent is absent, unresponsive, or if parenting roles were never formally documented, you still have options — and your children still need stability.
Formalizing parenting arrangements
Informal patterns can work for a while, until they do not. We help parents turn those patterns into written agreements or orders that provide clarity and protection for the future.
Absent or unresponsive other parent
When the other parent will not engage, you may still need legal clarity. We can help you understand whether sole decision-making responsibility may be appropriate and what notice requirements apply.
Relocating as a parent
Moving cities or provinces with children can be legally complicated, even when the other parent is minimally involved. We help you build a plan focused on the children’s best interests.
When safety is urgent
Emergency applications, supervised parenting time, third-party exchanges, no-contact provisions, and safety planning may all need to be considered depending on the level of risk.
Common questions
What people ask before they call
What’s the difference between parenting time and decision-making responsibility?
Parenting time is about where your children are and when — the schedule. Decision-making responsibility is about who has authority over major life decisions such as schooling, healthcare, religion, culture, and significant extracurricular activities. These can be structured differently.
Does shared parenting time mean 50/50?
Not necessarily. Shared parenting time usually means each parent has at least 40% of the child’s time over the course of a year. That threshold matters for child support, but it does not mean every family should aim for a perfectly equal schedule.
What if the other parent will not agree to anything?
If good-faith negotiation has failed, the next step may be a more structured process such as mediation, collaborative law, lawyer-led negotiation, or court. We will help you assess whether the matter requires an urgent interim order, a full court application, or a process that may still avoid court.
We were never married. Do we need a formal parenting agreement?
You may not need one for day-to-day cooperation, but you may want one for clarity and enforceability. Informal arrangements often work until circumstances change: a move, a new partner, a school disagreement, a change in work schedule, or a disagreement about holidays.
When does a child get a say?
A child’s views and preferences can matter, but children should not be placed in the position of choosing between parents. There is no magic age when a child gets to decide. The weight given to a child’s views depends on the child’s age, maturity, circumstances, and whether those views appear freely expressed.
Can parenting arrangements be changed later?
Yes. As children grow and circumstances change, parenting arrangements often need to be updated. If both parents agree, changes can often be made by consent. If they do not, a court may vary an existing order when there has been a material change in circumstances.
I’m a single parent and the other parent is barely involved. Can I get sole decision-making?
Possibly, but courts look carefully at what is in the children’s best interests before granting sole decision-making responsibility to one parent. Absence or limited involvement may matter, but the specific facts are important. We can help you assess whether you have a strong case and what evidence may support it.
This page is general information, not legal advice. Ending a marriage or long-term relationship? See how parenting fits into the bigger picture.
Start the conversation
Your children deserve arrangements that actually work.
You do not need to know exactly what you want before you call. Tell us what is happening, and we will give you a straight read on where you stand and what your options are.
Or tell us your story: admin@commonsenselawyer.com
Saskatoon office, Mon–Thu 9–5. Tuesday evenings by appointment.