Summer Parenting Obligations After Separation
Wondering about your summer parenting obligations after separation in Ontario? Here’s what to know about travelling, summer camp costs, and summer co-parenting.
Summer is supposed to be the season of sleeping in late and making happy memories with your kids. But if you are navigating a separation or divorce, you might find yourself stressing over questions like:
Does our regular weekend schedule still apply during the summer?
When do I have to give notice if I want to take the kids camping?
Do I really need a formal legal letter just to take a trip across the border?
Who is responsible for paying for summer camp registration?
Misunderstandings around these questions are quite common. Sometimes, parents accidentally confuse their regular year-round schedule with summer vacation rights, leading to avoidable confusion and conflicts.
If you are feeling overwhelmed[AT1] , take a deep breath; you are not alone, and it is completely normal to feel this way! We want to help you clear up the confusion so you can focus on what matters: your kids.
Once you have a clear handle on a few essential rules, you can keep your summer plans on track, protect your legal rights, and give your kids the stable, happy summer holiday they deserve. Here’s what you need to know about summer parenting obligations after separation.
Obligation to Respect Decision-Making and Travel Rights
Obligation to Notify Co-parent(s) About Travel
Obligation to Share Information
Financial Obligations (Summer Camps and Activities)
1. Obligation to Respect Decision-Making and Travel Rights
When you are planning a summer getaway, the first question you need to answer is: Who has the legal right to decide where the children can go?
In Ontario, this comes down to what family law calls "decision-making responsibility[AT2] " (which you might know by its older legal term, "custody"). How your decision-making is set up dictates how you need to handle travel planning:
Joint Decision-Making: If you and your ex-partner share decision-making responsibility[AT3] , you are legally a team when it comes to major life events. That includes travelling outside of your normal routine. You must both agree on travel plans before you book anything.
Sole Decision-Making: If you have sole decision-making responsibility, you generally have the authority to make travel decisions on your own. However, you cannot simply assume you have a green light. You still need to carefully read your separation agreement or court order. These documents often contain specific rules, travel restrictions, or notice periods that you are legally bound to follow, regardless of who has sole decision-making.
2. Obligation to Notify Co-parent(s) About Travel
Your obligations change depending on where you plan to take your children. Let's break down the three main travel boundaries:
Travel Within Ontario
If you are planning a classic Ontario getaway (like a weekend cottage trip to Muskoka or a few days exploring Toronto) and the trip falls entirely within your regularly scheduled parenting time, you are usually in the clear. Unless your parenting agreement has a specific clause saying otherwise, you generally do not need to get formal consent for local travel.
Travel Across Provincial Borders (Within Canada)
Planning to visit family in Alberta, or taking a road trip to Quebec? While you are still within Canada, leaving Ontario adds a layer of complexity. If your trip overlaps or conflicts with the other parent's scheduled time, you will absolutely need to coordinate and obtain their agreement first. Even if it doesn't overlap, it is always best practice to keep the other parent informed when the kids are leaving the province.
International Travel
If you are planning to cross an international border (even just a quick day trip to Buffalo, NY, for example), the rules get much stricter. A child cannot travel internationally without a valid passport, and border officials, airlines, and foreign authorities are highly vigilant about child safety. You will always need to plan ahead and may need to secure a written travel consent letter from the other parent.
3. Obligation to Share Information
When it comes to summer planning, time is of the essence. If you have a formal parenting plan or separation agreement, it includes clauses that affect your summer vacation planning.
Most formal parenting agreements in Ontario require parents to give written notice of their summer vacation plans by a specific date, often May 1st or June 1st.
if you miss the deadline, the other parent may get first choice of vacation dates, leaving you to plan around whatever time is left. If you try to book a trip after the deadline has passed without the other parent's consent, you could be in breach of your parenting agreement.
What you can do right now: Pull out your separation agreement or court order today. Find the exact notice date, circle it on your calendar, and set a reminder on your phone for a month in advance!
Sharing the Itinerary
Keeping your co-parent in the loop about where the children are sleeping is also a legal requirement in most cases.
A standard, legally compliant summer travel itinerary should always include:
Travel Dates: Exactly when you leave and when you return.
Transportation Details: Flight numbers, departure times, or train schedules (if applicable).
Accommodations: The name, address, and telephone number of the hotel, cottage, campsite, or relative's home where the children will be staying.
Emergency Contact: A reliable phone number to reach you or the children at any time during the trip.
What If Your Agreement is Completely Silent in Summer?
If you look through your paperwork and find absolutely no mention of summer deadlines, travel notice, or vacation allocations, don't panic. But don't wait, either.
If your agreement is silent, you do not have a default legal right to unilaterally change the regular schedule or take the kids away for two weeks.
Reach out to your co-parent in writing (via email or a co-parenting app) in the early spring. Propose a reasonable summer schedule and set a mutual, friendly deadline to have dates locked in.
If you reach an agreement, put it in writing. A simple, signed addendum can save you a lot of stress later on.
4. Financial Obligations (Summer Camps and Activities)
Summer is a magical time for kids, but for parents, it can be an incredibly expensive one. Between summer camps, soccer leagues, swimming lessons, and outdoor programs, the bills can pile up fast.
When you are co-parenting, Ontario’s child support rules [AT4] provide a framework that can help you determine who is obligated to pay for what.
Section 7 Expenses
Under the federal Child Support Guidelines, certain summer activities are classified as "special or extraordinary expenses" (often referred to as Section 7 expenses). These are costs that go above and beyond what standard monthly child support is meant to cover.
Unlike regular day-to-day expenses, Section 7 expenses are generally not split 50/50. Instead, the law says they should be shared proportionally based on what each parent earns.
To find out exactly what your portion is, you can use a simple, fair calculation:
Parent’s Share of Expense = Total Cost x (Parent’s Gross Income / Combined Gross Income)
For example: If you make $60,000 a year and your ex-partner makes $40,000, your combined gross income is $100,000. Under this formula, you would cover 60% of the summer camp registration fees, and your co-parent would cover 40%.
The Golden Rule: Talk Before You Book!
Even if you are completely willing to pay your share, you cannot simply sign your children up for an expensive overnight camp and present your ex-partner with the bill afterward. Most parenting agreements and courts require you to consult and agree on these expenses before booking them.
Because popular summer camps fill up incredibly quickly, often starting as early as January or February, it is best practice to start the conversation about summer expenses in the early spring. Keep your tone collaborative, put your proposals in writing, and focus on what your children actually want to do.
Taking the Stress Out of Summer
Summer passes quickly, and the years we get with our children while they are young go by faster than we think. While navigating schedules, travel letters and expense splits can feel like a mountain of administrative work[AT5] , you do not have to climb it alone.
If you are currently feeling stuck, facing resistance from your co-parent, or simply want to ensure your parenting arrangements are clear and airtight before booking your travel plans, we are here to support you.
Whether you need assistance drafting a legally robust travel consent letter, clarifying your separation agreement, or resolving a last-minute schedule dispute, our compassionate family law team is here to help.
Don't wait until summer has arrived to clear up the confusion. Contact McLeod Green Dewar and Associates today to schedule a confidential consultation.
Frequently Asked Questions about Summer Parenting Obligations After Separation
Do we keep our regular school-year custody schedule during the summer, or does it automatically change?
Your parenting schedule does not automatically change for the summer unless your separation agreement, parenting plan, or court order specifically says so.
If your current agreement is silent on summer vacation, the regular school-year rotation technically continues as the legal "default." However, because standard schedules rarely give children or parents the opportunity to enjoy extended summer trips, parents are strongly encouraged to negotiate custom blocks of summertime.
Many families use their agreements to establish a special summer routine, such as alternating one-week or two-week blocks throughout July and August.
Who is responsible for paying for summer camp and childcare while school is out?
Under Section 7 of the Child Support Guidelines, childcare costs, including summer camps that are necessary because a parent is working, attending school, or dealing with an illness, are considered "special or extraordinary expenses."
In Ontario, these net costs are shared between parents in proportion to their respective incomes, not split 50/50 by default. For example, if you earn 60% of your combined household income and your co-parent earns 40%, you will be responsible for 60% of the net camp cost.
However, there is an important caveat: you must consult and agree on these camps in writing beforehand. If you unilaterally enroll your child in an expensive, purely recreational camp without your co-parent's input or consent, you may be left footing the entire bill yourself.
What happens if my co-parent missed the deadline to submit their summer vacation dates?
Most structured parenting plans in Ontario include a "vacation selection deadline" (typically April 1st or May 1st) requiring parents to notify each other of the specific weeks they wish to block out for summer travel.
If your co-parent misses this deadline, they generally lose their priority choice. This means your preferred vacation dates will take priority, and you are legally free to book your travel first.
While you can technically enforce the regular schedule if they miss the date, Ontario courts strongly expect parents to remain flexible. A minor delay of a few days should not be used as an excuse to deny your co-parent meaningful summer vacation time with the kids. However, if they delay for weeks or months, you are fully entitled to move forward and secure your own summer plans.
If my child stays with me for an entire month during the summer, do I still have to pay child support for that month?
Yes. In almost all cases, you must continue to pay your full monthly child support during the summer, even if your child is staying with you for an extended block of time.
Under Ontario law, child support is calculated as an annual amount and simply divided into 12 equal monthly installments for convenience. The primary parent's major household expenses (such as rent, mortgage payments, utilities, property taxes, and insurance) remain the same in July and August, regardless of where the child is sleeping.
The only exceptions are if your separation agreement specifically outlines a "support holiday" for summer travel, or if you have a shared parenting arrangement (where the child is with you at least 40% of the time over the course of the year) and support is already calculated on a "set off" basis.
How much phone or video call access does the other parent get during summer travel?
If your parenting plan does not lay out specific rules for communication during vacations, the legal standard is "reasonable and generous access."
Typically, this means the non-travelling parent is entitled to one quick, scheduled phone or video call (via FaceTime, Zoom, or WhatsApp) every day or every second day at a mutually convenient time, such as right before bed.
The goal of this contact is to let the child share their vacation highlights and stay connected. It is highly discouraged to use phone access to monitor, disrupt, or micromanage the other parent's vacation. Both parents should respect the travel schedule, keep calls brief and positive, and ensure the child is not caught in the middle of a phone check-in dispute.
