# Can the judge force us to follow the schedule we both agreed on for our kids?

- Jurisdiction: Canada
- Practice area: Family Law
- Published: 2026-11-06
- Last updated: 2026-11-06
- Canonical: https://lawasked.com/ca/family-law/can-judge-force-us-follow-schedule-we-both

## Question

My partner and I have been separated for about six months now here in Canada, and we have been trying to work things out ourselves to avoid a massive fight. We finally sat down last Tuesday and wrote up a detailed document that outlines exactly how we will share time with our seven-year-old daughter. We agreed that I will have her every second weekend from Friday at 5:00 pm until Sunday at 6:00 pm, and that we will alternate holidays like Christmas and summer break. We also laid out how we will make big decisions about her schooling and medical care. We both signed it and feel really good about this arrangement. However, my ex-partner's lawyer just sent an email saying they might want to change some of the details regarding the midweek visits during our upcoming court hearing next month. I am worried that the judge might just ignore our written agreement and come up with a completely different schedule that we didn't want. If we have already put our agreed-upon rules and timings into a formal document, does the court have to include that exact plan in the final order, or can they just change it to whatever they think is best?

## Summary

Usually, yes, the judge must follow your plan, but they have the power to change it if they believe the schedule is not in your daughter's best interests. While your written agreement is a formal parenting plan, the court's primary duty is to the child's welfare.

## Analysis

Under the Divorce Act, the document you and your partner wrote last Tuesday is considered a 'parenting plan,' which is a document containing agreements about parenting time and decision-making responsibility [2]. 

When you go to your court hearing next month, the law states that "the court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so" [1]. This means that the judge is legally required to include your specific schedule—such as the every-second-weekend arrangement and the holiday rotations—unless the judge decides that doing so would harm your seven-year-old daughter's well-being. 

If the judge determines the plan is not in her best interests, the law allows them to step in and make changes. Specifically, the court "may make any modifications to the plan that it considers appropriate and include it in the order" [1]. This is why your ex-partner's lawyer is attempting to change the midweek visit details; they are likely preparing an argument to convince the judge that your current agreement does not serve your daughter's best interests. 

Because the judge has the final say based on what they believe is best for the child, your written agreement is a strong starting point but is not an absolute guarantee that the judge cannot alter. The law is unsettled regarding exactly what specific factors a judge will use to decide if a plan is 'not in the best interests,' as this is a subjective decision made by the court during your hearing.

## Statutory citations

- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 16.6 - Parenting plan [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-16.6)
  > the court shall include in a parenting order or a contact order, as the case may be, any parenting plan submitted by the parties unless, in the opinion of the court, it is not in the best interests of the child to do so, in which case the court may make any modifications to the plan that it considers appropriate and include it in the order.
- Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.), s. 16.2 - Parenting time — schedule [in force] (https://laws-lois.justice.gc.ca/eng/acts/D-3.4/index.html#s-16.2)
  > Parenting time may be allocated by way of a schedule.

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