High-conflict co-parents in Ontario frequently use a Parenting Coordinator (PC) for secondary arbitration. This allows a neutral professional to quickly make legally binding decisions on minor issues, like holiday schedules or pickup times, without the massive expense of returning to family court.
When you share parenting time and decision-making responsibility, disagreements are inevitable. However, for some separated parents in cities like London, Hamilton, and Sudbury, every minor issue-from choosing a summer camp to determining Christmas drop-off times-turns into a massive, hostile battle. Constantly filing motions at the Superior Court of Justice for these minor disputes is financially ruining and emotionally exhausting 📍.
To solve this, Ontario family law permits the use of “secondary arbitration” through a Parenting Coordinator (PC). A PC is an experienced professional who first tries to mediate the dispute, but if the parents cannot agree, the PC has the legal authority to impose a binding decision. This guide explains how this powerful alternative dispute resolution tool can restore peace to your co-parenting relationship .
Step-by-Step Process in Ontario
Using a Parenting Coordinator involves a highly structured legal framework governed by the Arbitration Act and the Family Law Act. You cannot simply hire someone to make decisions; you must formally opt into the process. Here is how you set it up.
Step 1: Include a PC Clause in Your Final Order or Agreement
Secondary arbitration can only happen after you already have a comprehensive Separation Agreement or a final court order outlining your core parenting plan. Your agreement must contain a specific clause stating that both parents consent to using a Parenting Coordinator to resolve future disputes regarding the implementation of the parenting schedule .
Step 2: Select a Qualified Parenting Coordinator
Parenting Coordinators are usually senior family lawyers, registered social workers, or psychologists with extensive training in high-conflict family dynamics and domestic violence screening. You and your ex-spouse must mutually agree on whom to hire. You will typically interview a few candidates to find someone whose approach aligns with your family’s needs 👤.
Step 3: Sign the PC Agreement and Obtain ILA
Once selected, the PC will provide a formal Parenting Coordination Agreement. Under Ontario law, before you sign any family arbitration agreement, both parents must absolutely receive Independent Legal Advice (ILA) from their respective lawyers. The lawyers must sign a certificate confirming they explained the binding nature of the arbitration to you.
Step 4: The Med-Arb Process Begins
When a dispute arises (for example, arguing over which week the child goes to a cottage), you submit the issue to the PC. The PC will first act as a mediator, helping you both communicate and try to reach a compromise. This phase focuses on reducing hostility and finding common ground .
Step 5: Receive a Binding Arbitral Award
If mediation fails, the PC switches hats and becomes an arbitrator. They will review the evidence, listen to both sides, and issue a written decision known as an Arbitral Award. Because this is secondary arbitration, this decision is legally binding and enforceable by the Ontario courts, just like a judge’s order.
How Much Does it Cost in Ontario?
While hiring a PC involves out-of-pocket expenses, it is significantly cheaper and faster than drafting court affidavits and paying a law firm to attend a hearing. Here is a breakdown of the typical costs (in CAD):
| Service / Professional | Estimated Cost (CAD) |
|---|---|
| Parenting Coordinator Retainer | $2,000 – $5,000 (Usually shared 50/50) |
| PC Hourly Rate | $250 – $600 per hour |
| Independent Legal Advice (ILA) | $350 – $700 per parent |
| Cost of a Court Motion (For comparison) | $5,000 – $15,000+ per parent |
How Long Does the Process Take?
The greatest advantage of secondary arbitration is speed. If you file a motion at the Superior Court of Justice over a holiday schedule, you might wait 4 to 8 months for a hearing-often missing the holiday entirely. With a Parenting Coordinator, you can usually schedule a mediation session within 1 to 2 weeks. If an arbitral award is necessary, the PC will generally issue their binding decision within a matter of days, ensuring your child’s schedule is resolved immediately.
Frequently Asked Questions (FAQ)
Can the PC change who has decision-making responsibility?
No. A Parenting Coordinator only has the power of “secondary arbitration.” This means they can only make decisions on minor implementation issues (like pickup times or minor schedule tweaks). They cannot legally change core custody rights or primary residence.
What happens if my ex refuses to pay their half of the PC fees?
PC agreements usually include strict financial clauses. If one parent refuses to replenish their retainer, the PC may halt services, or the compliant parent can pay the full amount and immediately seek a court order to garnish the non-paying parent’s wages.
Can I appeal the Parenting Coordinator’s decision?
Appealing an arbitral award is extremely difficult in Ontario. Unless the PC made a severe error in applying the law, exhibited clear bias, or exceeded their legal authority, an Ontario judge will generally uphold the PC’s binding decision.
Do we still need lawyers if we have a PC?
You need a lawyer to provide the mandatory ILA before signing the PC agreement. Once the PC is actively managing your case, lawyers usually step back to save you money, though you can still consult them for major legal advice.
Is a Parenting Coordinator right for cases of domestic violence?
Usually, no. Arbitration requires a balance of power. By law, PCs must conduct strict domestic violence screening. If severe coercive control or abuse is present, the PC will likely decline the case, as the victim cannot safely negotiate.
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