What It Generally Means
A right of first refusal is a clause some parenting plans include, generally requiring that if a parent needs child care during their own scheduled parenting time — for example, if they're away for an evening or a weekend — they must first offer that time to the other parent before arranging alternative child care, such as a babysitter or relative.
Why Families Generally Include It
The general reasoning is that if a child is going to be cared for by someone other than the scheduled parent anyway, many families would rather that be the other parent than a third party, on the view that time with a parent is generally preferable to time with a non-parent caregiver when the choice is reasonably available. It's an optional clause, not a requirement — not every plan includes one, and some families specifically choose not to, often because it can create more logistics and potential conflict than it resolves for their particular situation.
How It's Generally Defined in a Plan
Where a plan includes this clause, it generally needs to define some specifics to avoid later disputes: how long an absence needs to be before the clause applies (a quick errand is generally treated differently from an overnight trip), how much notice is required, and how the other parent is expected to respond. Vague right-of-first-refusal language tends to generate more disagreements than it prevents, so specificity generally matters here, as with most parenting plan terms.
What It Generally Doesn't Require
A right of first refusal clause generally doesn't mean every brief outing requires notifying the other parent — that threshold is exactly what the plan is generally meant to define. It also doesn't generally override the normal parenting schedule itself; it's a specific mechanism for situations where the scheduled parent is genuinely unavailable, not a general invitation to renegotiate the schedule.
Frequently Asked Questions
Is right of first refusal required in every parenting plan?
No. It's an optional clause some families choose to include; it isn't a standard or required part of every parenting plan in Ontario.
Does a quick errand trigger right of first refusal?
Generally not, if the plan defines a reasonable minimum absence threshold — which is exactly the kind of detail worth specifying clearly when including this clause.
What happens if a parent doesn't offer the time as required?
This can become a parenting-plan compliance issue, similar to other terms not being followed. See our guide on what happens if a parent doesn't follow the parenting plan.
Can right of first refusal apply to grandparents or other family members too?
It can, if the plan specifically addresses that, though it most commonly applies between the two parents directly unless written otherwise.
Is this clause common in Ontario parenting plans?
It's a fairly common optional clause, though whether it fits a given family depends on their specific circumstances and how workable the logistics are in practice.