PARENTING AGREEMENT
THIS AGREEMENT MADE THIS ____________.
BETWEEN:
PARENT #1, currently residing in the CITY in the
PROVINCE/STATE, (hereinafter referred to as "THE HUSBAND")
AND
PARENT #2, currently residing in the CITY, in the
PROVINCE/STATE, (hereinafter referred to as "THE WIFE")
PARENTING AGREEMENT
Whereas the fundamental basis for the family is co-operation and
the concern for the mutual welfare and support of all of its members,
and whereas adversarial behaviour is destructive to the long term
best interests of the family and is to be avoided with every possible
effort,
and whereas THE HUSBAND and THE WIFE live separately and apart
and are the parents of CHILD #1, age 9 and CHILD#2,
age 5, hereinafter referred to as "the children",
and whereas the parents believe it is in the best interests of
the children that both parents share in the responsibilities and
rewards of raising the children, to this end the parents have
agreed to the following:
THE HUSBAND and THE WIFE shall have and retain joint responsibility
for the guardianship, custody, care and control of the children,
and they shall share the responsibilities of raising the children
in accordance with the following:
- The children shall reside with both of their parents on an
alternating basis, the structure of which may change from time
to time in accordance with the needs of the family and as may
be mutually agreed to by THE HUSBAND and THE WIFE, but for greater
certainty, the children shall ordinarily reside with THE WIFE
except on days shown in paragraph 2.
- The children shall be deemed to reside with THE HUSBAND every
second weekend, including a fair sharing of long weekends. The
children shall reside with THE HUSBAND for ½ of the Christmas
School Break with Christmas Eve and Christmas Day being fairly
shared on an alternating basis by the parents. The children shall
reside with THE HUSBAND on alternating Spring School Breaks and
shall reside with THE HUSBAND for one month during the summer.
The children shall reside with THE HUSBAND on such other days
as are mutually agreed to by THE HUSBAND and THE WIFE.
- The children will have freedom to telephone access to either
parent as will either parent to the children.
- The children will attend school in the school district in
which THE WIFE resides in the Province of Ontario within
300 miles of the City of Toronto. As THE HUSBAND and THE
WIFE are both currently seeking employment in Ontario and are
in the
- process of re-establishing themselves in Ontario, if
either parent decides to move outside the Province of Ontario,
the children shall attend school in the school district in which
the parent remaining in Ontario resides until a subsequent
parenting arrangement can be reached, preferably before such relocation
occurs, whether by mutual agreement or through a mediator or lawyers
or as a result of a court order.
- THE HUSBAND and wife shall confer with each other and shall
have equal authority with respect to the health, welfare, education
and upbringing of the children in order to achieve what is in
the best interests of the children.
- THE HUSBAND and THE WIFE agree that one parent shall not make
commitments for any child that might interfere with the parenting
role of the other parent unless such commitments are made with
the prior consultation with that parent.
- THE HUSBAND and THE WIFE shall make all reasonable efforts
to promptly notify the other in case of any child's serious illness
while the child is in his or her care.
- THE HUSBAND and THE WIFE shall keep each other reasonably
informed of their respective whereabouts should either of them
remove the children out of their respective municipalities for
any extended period of time. THE HUSBAND and THE WIFE agree that
this clause shall not be for the purposes of obtaining permission
one from the other but for the purpose of keeping each other informed
of the general whereabouts of the children.
- THE HUSBAND and THE WIFE agree that when and as they require
alternate care for the children, that the other parent shall be
the resource of first choice and that third parties shall provide
such alternate care if that other parent is not able to do so.
- THE HUSBAND and THE WIFE agree that they shall attempt to
arrange their summer or other vacations such that they do not
overlap and that each parent shall be entitled to have the children
for up one month's duration, consecutively or otherwise as can
be mutually agreed to by THE HUSBAND and THE WIFE, if that is
convenient for the vacationing parent and children alike, although
any lesser period may be negotiated between the vacationing parent
and the children. At all other times during summer vacation period,
the regular parenting structure shall prevail. THE HUSBAND and
THE WIFE further agree that if either parent vacations alone,
that the non-vacationing parent shall care for the children, and
that if this is not possible, the vacationing parent shall arrange
for alternate care (ie. grandparents, relatives, neighbours or
other suitable caretakers). THE HUSBAND and THE WIFE agree that
they shall make all efforts to negotiate their plans for summer
vacation time by June 1st of any given year and wherever possible,
one month in advance for any other vacation.
- THE HUSBAND and THE WIFE agree that the children's birthdays
shall be celebrated in the home where they reside in accordance
with the regular parenting structure as detailed in the above
clauses but that they shall modify the regular parenting structure
in order to provide additional time for the other parent to also
celebrate the children's birthdays at some other suitable time.
- THE HUSBAND and THE WIFE agree that the children shall spend
Mother's Day with THE WIFE and Father's Day with THE HUSBAND.
- THE HUSBAND and THE WIFE agree that if one of them survives
the other, that the surviving parent shall be the sole guardian
of the children and that if they should die at or about the same
time, the provisions of their respective wills shall operate.
- THE HUSBAND and THE WIFE agree that if one or both of them
dies, neither of them, as the survivor, nor in their testamentary
instruments, shall prevent the children from having continued
access to the deceased's parents or siblings (the grandparents,
aunts and uncles of the children) or if the deceased parent shall
have remarried, the children's step-parent.
- THE HUSBAND and THE WIFE agree that it is their intention
to encourage the children to maintain their relationships with
their respective extended families and that THE HUSBAND and THE
WIFE shall do all that is reasonably possible, including making
their parenting structure sufficiently flexible such as to permit
and/or ensure the children's attendance at respective family functions
such as anniversaries, weddings, funerals and the like.
- THE HUSBAND and THE WIFE agree that if either of them should,
due to illness or some other cause, be unable to adequately care
for their children in accordance with the provisions of this clause,
that the other parent shall assume the responsibility of caring
for the children, unless inasmuch as possible, the parent who
is disabled or otherwise unable to parent in accordance with the
provisions of this clause, is able to parent with the assistance
of third parties (including extended family of the disabled or
ill parent) to care for the children along with the ill or disabled
parent for extended periods of time provided that it is agreed
by both parents that such an arrangement would be in the best
interests of the children.
- THE HUSBAND and THE WIFE agree that if the children are removed
from the Province of Ontario or the Country of Canada by
one parent, that the other parent shall be so informed of and
must give verbal consent to such a plan, and that being informed
shall include knowing the length of stay and the whereabouts of
the children.
- THE HUSBAND and THE WIFE agree that the agreements in this
clause shall be reviewed between themselves (and also with their
children as a family where and as is reasonable) six months after
the signing of this agreement, and annually thereafter, or as
is required at the request of either one of the parents and/or
a child or children.
- As at the time of the signing of this agreement, both parents
are in the process of relocating to Ontario wherein THE
WIFE currently resides in Windsor and THE HUSBAND is generally
seeking employment in the Toronto area, THE WIFE shall
make arrangements to have the children delivered to and from the
City of Chatham where THE HUSBAND's sibling resides and
THE HUSBAND shall make such other travel arrangements for access
to the children as are necessary. It is recognized by both THE
HUSBAND and THE WIFE that THE WIFE does not at this time have
her own vehicle and must rely on others for private transportation.
Given the present circumstances, THE WIFE shall use her best efforts
to assure transportation of the children between Windsor and
Chatham, but THE HUSBAND shall also be flexible in recognizing
THE WIFE's current difficulties and assist where possible in making
such transportation arrangements.
- THE HUSBAND and THE WIFE agree that their respective roles
as parents will have major affects on the lives of the children
and that the children have a need and right to share in decisions
affecting the children's lives. THE HUSBAND and THE WIFE will
use their best efforts in discussions affecting the welfare of
the children to focus on their roles as continuing parents to
the children and set aside past perceived grievances in their
roles as husband and wife. THE HUSBAND and THE WIFE agree that
their respective ongoing roles as parents will require substantial
co-operation, flexibility and understanding in the best interests
of the children. They agree that the best interests of the children
are not served by acrimony, verbal or physical abuse, obstruction
or vindictiveness.
- THE HUSBAND and THE WIFE shall share in the costs of maintaining
the children according to the reasonable needs of the children,
the reasonable costs of the children in both households, and the
capacities of the parents to share in those costs. From time to
time, those factors shall be reviewed jointly by the parents in
accordance with material changes in circumstances and with the
assistance of a mediator skilled in financial matters affecting
the children.
- THE HUSBAND and THE WIFE agree to co-operate in arranging
their financial affairs respecting support of the children and
to make every effort to arrange those affairs in such a way as
to implement the maximum mutual tax advantages as can be gained
in relation to the children. Mediation is accepted by both THE
HUSBAND and THE WIFE as in the best interests of the children
and both agree that mediation must be attempted prior to the institution
of litigation.
- THE HUSBAND and THE WIFE shall both make every effort to gain
full time employment in accordance with their respective skills,
training and aptitude in order to provide for the economic welfare
of the children.
- THE HUSBAND recognizes that he has current control over certain
liquid family assets in the form of R.R.S.P.'s and that pending
resolution of the family property settlement and child maintenance
matters he will make every effort to provide a fair share of those
liquid funds to THE WIFE for the benefit of the children.
This agreement was negotiated between THE HUSBAND and THE WIFE
at Hamilton, Ontario on DATE. It should be reviewed
by independent counsel for both parties and may form either a
separate agreement or part of a separation agreement. Nothing
in this agreement is intended to abrogate the legal rights or
responsibilities of either party for the care and welfare of the
children. This agreement is made to re-affirm the continuing responsibilities
and desires of both THE HUSBAND and THE WIFE to provide a stable,
co-operative environment in which to raise the children they both
love and to act in a manner that is in the best interests of the
children.
Signed this day of , 19
MOTHER
Witness
Signed this day of , 19
FATHER
Witness