If you cannot resolve a parenting question, a court can make a decision about your child’s care. In Canada, the forms and steps depend on the province or territory and the type of case. This guide explains the main stages and how to find the right local process.
Canada · Checked 17 September 2026
Check whether the matter falls under the federal Divorce Act or provincial or territorial law. Bring any existing parenting, custody or access order and information about a related case.
A move to another place does not automatically mean a new court should take over. Tell the local information service about earlier proceedings and where the child lives before selecting forms.
Where appropriate, the Divorce Act expects parents to try a family dispute resolution process. This can include negotiation or mediation. Mediation helps discussion; the mediator does not impose the answer.
Explain abuse, threats or coercion early. Joint processes are not suitable in every case. Local rules may also require information sessions or other preliminary steps, with procedures for exemptions or urgency.
A family justice information or resource centre can explain forms, filing and procedure. Court staff generally cannot tell you which legal outcome you should pursue. A lawyer can advise on your individual position.
Filing means submitting the application to the court. Service means formally providing documents to the other party in the way the rules require. Follow local instructions about who can serve, how delivery is proved and when a response is due.
Keep a dated list of deadlines. If you receive court documents, read them promptly even if you hope to settle. A conversation about settlement does not necessarily pause a response deadline.
An interim order is a temporary decision while a case continues. It may address an immediate parenting or support issue. Other steps can include conferences aimed at narrowing disagreements, further evidence or an assessment.
Not every case goes through identical stages. The court may need information about the child’s views or disputed safety issues before making a final decision. Follow the directions in your own case rather than a timetable from another province.
An agreement can resolve some or all issues, subject to the appropriate legal process. If the dispute continues, the court decides under the applicable law and the child’s best interests.
Read the order for times, conditions and responsibilities. The need to change it later is different from a request to enforce it. Older orders do not become invalid merely because current law uses different terminology.
Ask about legal aid, local information services or paying for advice on a specific step if full representation is not possible. Explain the immediate decision or deadline so the service can identify useful help.
This guide explains general rules and services. It does not assess your individual case.
Information checked on 17 September 2026.
Based on the original article by Elisabeth Scholander.
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Who chooses the school? Who can agree to treatment? Who handles the ordinary decisions during a child’s stay? In Canada, the answers depend on the applicable law and your parenting arrangement. The federal Divorce Act separates major decisions from day-to-day care.
Canada
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A parenting plan works best when it explains the child’s ordinary week as well as holidays. In Canada, families use agreements and court orders to set out care after separation. The details should fit the child’s needs, safety and practical circumstances.
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Law
A parenting decision should fit the child in front of the court. Under Canada’s Divorce Act, the child’s best interests are the only basis for a parenting decision, with their safety, security and well-being given primary consideration.
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Psychologist Maria Farm and journalist Lisa Bjärbo wrote a Swedish-language book about everyday life after separation. In this interview, they explain why they wanted to discuss the questions that keep returning as children grow, from money to routines and new family relationships.
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The Swedish term växelvis boende describes a child living alternately in each parent’s home. One useful idea in the original discussion by child psychologist Malin Bergström is to look beyond visits: what ordinary care and relationships does the child need to keep?
