Understanding co-parenting agreements in Canada

What should a co-parenting agreement include?

A strong co-parenting agreement lays the groundwork for stability. It should be specific enough to avoid confusion but flexible enough to allow for changes that occur in your family over time. At a minimum, your agreement should cover:

• Decision-making responsibilities: Who makes decisions about education, healthcare, belief systems and extracurricular activities? Will major decisions be made together, or will each co-parent have an area of responsibility?
• Living arrangements and parenting time: Where will the child live, and how will time be shared? This includes weekday/weekend schedules, holidays, vacations and how transitions will work.
• Financial responsibilities: How will you divide costs like school supplies, childcare, medical expenses and clothing? While child support is governed by law, you can still agree on how to split additional costs.
• Communication expectations: How will you share updates about your child’s well-being, schooling and day-to-day needs? Setting expectations now prevents future misunderstandings.
• Travel and relocation: Can one parent travel with the child? What happens if one of you wants to move to another city or province? Clear terms in this area reduce last-minute disputes.
• Conflict resolution: How will disagreements be handled? For example, some parents choose mediation or arbitration to avoid court battles.

Parenting plans and co-parenting agreements can evolve. Revisit yours regularly to reflect your child’s changing needs, especially after milestones such as starting school or entering adolescence.

What kind of agreements can co-parents make?

You can make legal agreements before, during or after the end of your relationship. These include:

• Cohabitation agreements, which outline how finances, property and responsibilities are handled during and after the relationship.
• Separation agreements, which detail custody, support and how you’ll divide shared expenses.
• Parenting plans, which outline how decisions regarding your child are made, where the child lives and how time with them is shared.

How is custody and parenting time decided?

The gold standard is to pursue whatever is in the child’s best interest. Whether or not a co-parenting agreement exists, a judge will consider the child’s well-being above all else. In theory, both parents have equal custody rights. In practice, the outcome depends on what arrangement best supports the child’s development, safety and continuity. Shared custody is common but not guaranteed.

Custody agreement templates can be found on provincial family law websites or in legal clinics. These templates can help you initiate the conversation and identify key points to cover, even if you choose to later work with a lawyer or mediator.

How do co-parenting agreements differ across provinces?

Canada’s family laws are provincially regulated, but the central principle is the same nationwide: Every decision must serve the best interests of the child.

In most provinces, unmarried co-parents fall under family law statutes, such as Alberta’s Family Law (external link) Act or Ontario’s Children’s Law Reform Act (external link), while married parents separating under the Divorce Act (external link) follow a different legal path. That said, rights and responsibilities related to children are broadly consistent across provinces. All parents – biological or adoptive, married or not – share equal custody rights unless a court determines otherwise.

If you’re looking for a starting point, the Government of Canada’s guide to parenting arrangements after separation or divorce is a reliable resource.

What is Quebec’s new co-parenting law (effective June 30, 2025)?

Bill 56, Quebec’s new “parental union” law (external link), will automatically apply to all de facto couples (common-law spouses) who have or adopt a child in the province after June 29, 2025. The new law aims to ensure that all children, regardless of whether their parents are married, in a de facto union or separated, receive the same rights and protections:

• A “parental union patrimony” will include family residences, shared vehicles and household furniture.
• If the union ends, one parent can apply for a compensatory allowance.
• A surviving de facto spouse may inherit, even in the absence of a will.

Couples can opt out of the patrimony by notarial deed, but they can’t opt out of the parental union itself if they share a child. This law provides clarity and protection for co-parents, especially around shared assets and housing. In the event of separation, the court may grant temporary use of the family residence to the spouse who has custody of the child.

How are family benefits and tax credits handled?

This is where financial planning becomes essential. Benefits like the Canada child benefit (CCB) and the GST/HST credit are based on where the child lives most of the time as well as each parent’s income. If custody is shared equally, both parents must apply separately for 50% of the CCB. If one parent has primary custody, that parent receives the full amount.

Income, residency and relationship status (separated vs. common-law) all affect benefit eligibility and amounts. The Government of Canada (external link) has a province-by-province guide that outlines how benefits are calculated and who can claim them.

How does a separation affect RESPs, wills and estates?

Following a separation, it’s important to revisit how your financial planning tools, such as RESPs, wills and estates, are structured to ensure they still align with your goals and support your child’s future.

• RESPs: The Registered Education Savings Plan (RESP) belongs to the child, not the parents, so it doesn’t need to be divided. That said, how you manage it post-separation matters.
  
  If both parents were co-subscribers while married, they can remain as such post-separation and continue contributing independently. However, they must be careful not to exceed the lifetime maximum of $50,000 per child. (If you overcontribute, you’ll be required to pay tax on that amount until it’s withdrawn.) It’s best to touch on this topic in your co-parenting agreement and clearly document who’s contributing what.
  
  If only one parent was a subscriber to the RESP, be sure to talk to a lawyer to ensure that any joint contributions made before separating are properly accounted for when dividing your property. This can be particularly important should your child choose not to attend a post-secondary institution.
  
  If you and your co-parent are now separated or divorced, you cannot enter into a new RESP contract as co-subscribers. However, you can both individually create an RESP for your child and make contributions to it.

• Wills and estates: Each parent needs their own will. Even if you’re on excellent terms with your co-parent, don’t rely on verbal agreements or assumptions about inheritance. A clear, up-to-date will is the only way to legally determine what happens to your assets, including any money or property intended for your child.
  
  In Quebec, the new parental union law allows de facto spouses to inherit without a will, but this only applies to couples who qualify under the new regime. Outside of Quebec, or for couples who aren’t covered, the only way to ensure your child and co-parent are provided for is through estate planning.

How do you create a co-parenting agreement?

Start with a conversation. Co-parenting works best when expectations are clear and written down. Once you’ve discussed roles, finances and custody, have a legal professional draft or review your co-parenting agreement.

Next, review your tax setup, benefit claims, RESP accounts and wills. Clarity on these will go a long way to creating a stable, secure environment for your child.

Co-parenting agreements aren’t just about custody. They touch every corner of your financial and legal life. Whether you’re separating, entering a new relationship or planning for the long term, a clear agreement protects everyone involved, especially your child. Starting early, staying informed and updating your plans over time can make all the difference.