Parenting Mediation

Mediating Parenting Time and Decision-Making

The Most Important Thing: Parenting arrangements should be about what's best for your children, not about what's "fair" between adults or who "wins." When parents can set aside their hurt and anger to focus on their children's needs, mediation creates far better outcomes than any court order could.

Why Parenting Matters Are Ideal for Mediation

Parenting arrangements are perhaps the most important—and most personal—decisions you'll make during separation. These decisions will shape your children's daily lives, their sense of security, and their relationship with both parents for years to come.

Courts can only impose standard schedules based on limited information. They don't know that your daughter has anxiety about transitions, that your son has hockey practice Tuesday evenings, or that one parent's work schedule is more flexible than the other's. You know these things. Mediation allows you to use that knowledge to create arrangements that actually work for your real children in their real lives.

Understanding the Two Components

Ontario family law recognizes two distinct aspects of parenting:

1. Decision-Making Responsibility (formerly called "custody")

This refers to the authority to make major decisions about your children's lives, including:

  • Education (which school, special programs, tutoring)
  • Healthcare (medical treatments, therapists, specialists)
  • Religion and spiritual upbringing
  • Extracurricular activities
  • Significant life decisions

Decision-making can be:

  • Joint: Both parents share responsibility for major decisions
  • Sole: One parent has final decision-making authority
  • Divided: Each parent has authority over specific areas (less common)

2. Parenting Time (formerly called "access" or "visitation")

This refers to the schedule of when children are with each parent. This includes regular schedules, holidays, vacations, and special occasions.

What We'll Discuss in Mediation

During mediation sessions focused on parenting, we'll work through issues such as:

Regular Parenting Schedule

  • Where will the children primarily live?
  • What schedule works best for the children's ages and needs?
  • How will the schedule account for parents' work commitments?
  • Will the schedule differ between school year and summer?
  • How will transitions work? (time, location, who transports)

Holiday and Special Occasion Schedule

  • How will winter holidays be shared?
  • What about spring break, Thanksgiving, Easter?
  • Birthdays (children's and parents')?
  • Mother's Day and Father's Day?
  • Cultural or religious holidays important to your family?
  • Long weekends?

Vacation Time

  • How much vacation time will each parent have?
  • How far in advance must vacation be scheduled?
  • What notice is required?
  • What happens if vacation requests conflict?
  • Any restrictions on travel (distance, international)?

Communication and Decision-Making

  • How will parents communicate about the children? (phone, email, app)
  • How will major decisions be made?
  • What's the process if parents disagree on a decision?
  • How will parents share information about school, health, activities?
  • How much contact will children have with the other parent during parenting time?

Practical Day-to-Day Issues

  • How will children's activities be coordinated?
  • Who handles healthcare appointments?
  • How are school events shared?
  • What about introducing new partners to the children?
  • How will changes to the schedule be requested and agreed upon?

Common Parenting Schedule Options

There's no one-size-fits-all schedule. Through mediation, you can explore what makes sense for your family. Some common approaches include:

Week On/Week Off

Children alternate full weeks with each parent. Works well for school-age children, minimizes transitions, requires children to be apart from each parent for longer stretches.

2-2-3 Schedule

Children are with Parent A Monday-Tuesday, Parent B Wednesday-Thursday, then alternate Friday-Sunday. More frequent contact with both parents, but more transitions.

5-2-2-5 Schedule

Parent A has Monday-Tuesday every week, Parent B has Wednesday-Thursday every week, weekends alternate. Predictable weekday routine.

Every Other Weekend Plus One Weeknight

Children primarily with one parent, with the other parent having alternate weekends plus one regular overnight during the week. Common when one parent has been the primary caregiver or when children are very young.

Customized Schedules

Many families create unique schedules based on work shifts, children's activities, distance between homes, or children's preferences. This is where mediation's flexibility really shines.

Special Considerations for Different Ages

Infants and Toddlers (0-3 years)

Young children need consistent routines and benefit from frequent contact with both parents. Schedules often involve shorter, more frequent time with each parent. Many arrangements evolve as children grow.

Preschool and Early Elementary (3-8 years)

Children this age still need regular contact with both parents but can handle slightly longer separations. Many families use 2-2-3 or similar schedules.

Older Children (9-12 years)

Children can often handle week-on/week-off or similar schedules. Their activities and friendships become increasingly important considerations.

Teenagers (13+)

Teens' input becomes more significant. Their school, activities, jobs, and social lives may require more flexibility. Some families move toward a primary residence with flexible time with the other parent.

The Reality of Decision-Making Responsibility

Most separated parents have joint decision-making responsibility because research shows children benefit when both parents remain involved in major decisions. However, joint decision-making only works when parents can communicate reasonably well.

Joint Decision-Making Requires:

  • Ability to communicate directly (even if through email)
  • Willingness to genuinely consider the other parent's input
  • Capacity to compromise when you disagree
  • Commitment to prioritizing children's needs over your conflict

If you truly cannot work together on decisions, sole decision-making to one parent may be more appropriate. This isn't about winning or losing—it's about what will actually work for your children.

How Mediation Helps You Create Better Parenting Plans

In mediation, we don't just pick a schedule from a menu. We work through a process:

  1. Understand your children's needs: What are their ages, temperaments, routines, activities, and special considerations?
  2. Assess practical realities: Work schedules, commuting distances, housing situations, extended family support.
  3. Identify each parent's priorities: What matters most to each of you? What are your concerns?
  4. Explore options: What schedules might work? What are the pros and cons of each?
  5. Reality-test proposals: Think through actual weeks. What happens when someone is sick? When there's a school event? When work schedules change?
  6. Build in flexibility: Life happens. Good parenting plans acknowledge this and include mechanisms for handling changes.
  7. Plan for evolution: What works for a three-year-old may not work for a ten-year-old. How will you revisit and adjust as children grow?

Beyond the Schedule: Building a Co-Parenting Relationship

The schedule is important, but how you implement it matters just as much. Through mediation, we can address:

  • Communication protocols: How will you share information? What method works best? (Many families use apps like OurFamilyWizard or Talking Parents)
  • Conflict resolution: What will you do when you disagree? How can you keep children out of the middle?
  • Consistency across homes: What rules and expectations should be consistent? Where is it okay to have different approaches?
  • Supporting each other: How can you support each other's relationship with the children?

What Gets Written Into Your Agreement

At the end of mediation, your parenting plan will be documented in detail, including:

  • The specific regular schedule (with exact days and times)
  • Holiday and special occasion schedule
  • Vacation provisions
  • Decision-making authority and process
  • Communication expectations
  • Transportation arrangements
  • Process for requesting changes
  • Dispute resolution process
  • Any other agreements specific to your family

Your lawyers will review this and help formalize it into a separation agreement or court order.

Common Concerns Parents Bring to Mediation

"I've been the primary parent—doesn't that mean the children should live mostly with me?"

Not necessarily. Courts and mediators focus on what's best for children going forward, not on "rewarding" past caregiving. That said, the existing relationship and routine are important factors to consider. Strong relationships with both parents are the goal.

"My ex won't follow the schedule anyway"

Schedules created collaboratively through mediation tend to be followed more reliably than court orders imposed from above. When both parents helped create the plan and understand its reasoning, compliance is typically better. Your agreement can also specify consequences for violations.

"What if my work schedule changes?"

Good mediation agreements include provisions for reviewing and modifying arrangements when circumstances change substantially. You can also build in some flexibility for temporary schedule adjustments.

"Can we consider what the children want?"

Absolutely. Children's preferences are considered, especially as they get older. However, the weight given to their input depends on their age and maturity. We can discuss appropriate ways to learn about children's wishes without putting them in the middle of parental conflict.

When to Seek Help Beyond Mediation

Sometimes parenting issues benefit from additional support:

  • Parenting coordinators can help implement plans and resolve ongoing disputes
  • Child psychologists can provide input on age-appropriate arrangements
  • Family therapists can help children adjust to the transition
  • Parenting courses can provide tools for co-parenting effectively

These resources complement mediation and can be discussed as part of your parenting plan.

The Bottom Line

Your children didn't choose this separation. They deserve parents who can set aside their own hurt and anger to focus on what will help them thrive. Mediation provides a space to have those child-focused conversations and create arrangements that honor both parents' importance in your children's lives.

The goal isn't a perfect schedule—it's a workable plan that you both commit to implementing in good faith, with your children's wellbeing as the priority. When parents can achieve that, children do remarkably well, even in two-home families.