Decision-Making Responsibility in Ontario

What Does Decision-Making Responsibility Mean in Ontario?

Decision-making responsibility concerns significant choices that can affect a child’s upbringing and long-term well-being. It does not determine where the child lives or how much time the child spends with each parent. Those issues fall under parenting time.

Major decisions may include choosing a school, consenting to significant medical treatment, managing an ongoing health condition, deciding religious or cultural participation, or approving an activity requiring substantial time, travel or expense.

Clear wording matters. Parents should know which decisions require joint approval, which parent has authority over a specific subject, when consultation is required and what happens if they cannot agree.

Decision-Making Responsibility vs. Child Custody

The Divorce Act stopped using “custody” and “access” when its parenting amendments took effect on March 1, 2021. Ontario also updated the Children’s Law Reform Act. Current family-law documents generally use decision-making responsibility, parenting time and contact.

Older custody and access orders do not automatically become invalid. Their terms may remain enforceable until changed. Parents should review the full wording rather than relying only on labels such as sole custody or joint custody.

Major Decisions and Day-to-Day Parenting Decisions

A parent exercising parenting time can usually make ordinary decisions while the child is in that parent’s care. These may include meals, bedtime, clothing, homework supervision, routine transportation, reasonable household rules and ordinary recreational activities.

That authority does not normally permit a parent to make a major unilateral decision. Choosing dinner is different from changing the child’s school, approving major non-emergency treatment or making an important religious decision. An agreement or order may also set specific rules for medication, dietary restrictions, screen use or certain activities.

Decision-Making Responsibility and Parenting Time

Parenting time determines when the child is in a parent’s care. Decision-making responsibility determines who has authority over major issues. One does not automatically control the other.

A parent may have equal parenting time without authority over every major decision. Parents may share educational decisions while one parent handles medical decisions or has final authority after consultation. Equal parenting time does not automatically create equal decision-making responsibility.

How Can Parents Share Decision-Making Responsibility?

Parents can structure responsibility in several ways. They may share all major decisions, give one parent sole responsibility, divide authority by subject, or require consultation while giving one parent final authority.

Joint Decision-Making Responsibility

A joint arrangement requires both parents to participate in identified major decisions. It works best when they can exchange information and discuss the child’s needs without ongoing conflict. The agreement should state what requires consent, how emergencies will be handled and how disagreements will be resolved.

Sole Decision-Making Responsibility

One parent may have authority over all significant decisions. Sole responsibility does not automatically follow from having more parenting time, being the child’s primary caregiver or disagreeing with the other parent. A court must decide whether the proposed arrangement serves the child’s best interests. The parent with final authority may still be required to consult, provide records or notify the other parent about important matters.

Dividing Responsibility by Subject

Parents may divide authority according to the type of decision. For example, educational decisions may be joint, medical decisions may belong to one parent after consultation, and significant extracurricular activities may require both parents’ approval. The plan should address overlapping issues, since one activity may affect health, school, transportation, scheduling and cost.

How Courts Decide Decision-Making Responsibility

Ontario courts focus on the best interests of the child, not on which parent deserves a preferred title. Relevant factors may include the child’s age and needs, stability, important relationships, history of care, each parent’s proposed plan, ability to meet the child’s needs, communication, cultural and linguistic upbringing, the child’s views where appropriate, family violence and relevant court orders or conditions.

The child’s physical, emotional and psychological safety, security and well-being receive primary consideration. Past conduct matters only when it affects parenting, decision-making, contact or the child’s welfare.

Family Violence, Conflict and the Child’s Views

Family violence can affect whether shared decision-making is safe or workable. A court may consider the seriousness and pattern of the conduct, coercive or controlling behaviour, the child’s exposure, fear, risk of harm and whether an arrangement requiring parental co-operation is appropriate. A criminal charge or conviction is not required before family violence can be relevant in a family-law case.

A child’s views may also be considered when they can reasonably be determined. The weight depends on age, maturity and circumstances. There is no fixed age at which a child chooses where to live or which parent makes decisions. Parents should not ask the child to choose sides, gather evidence or carry messages.

What Should a Parenting Plan Include?

A detailed parenting plan can reduce future disputes. It should identify the categories of major decisions, whether authority is joint or allocated to one parent, consultation requirements, response deadlines, access to school and medical records, notice of appointments, emergency authority, information-sharing methods and dispute-resolution steps.

The plan should also explain whether consultation means both parents must agree or whether one parent may decide after considering the other parent’s views. Vague terms such as “the parents will consult” can create conflict when no final decision-maker is identified.

What Can Parents Do When They Cannot Agree?

Parents should first identify the exact decision in dispute. A disagreement about one school program or medical treatment does not necessarily require replacing the entire parenting arrangement. The next step depends on the wording of the existing agreement or order, urgency, the child’s needs, previous resolution efforts, safety concerns and whether a court case is already underway.

Negotiation, lawyer-assisted negotiation, mediation or another family dispute-resolution process may help. Mediation is not appropriate in every case, particularly where intimidation, coercive control, unmanaged safety concerns or a serious power imbalance prevents fair participation.

Court involvement may be necessary when a significant decision is urgent, one parent refuses to participate, existing terms are unclear, repeated unilateral decisions occur, serious conflict makes a joint process unworkable, or protective conditions are required.

Evidence and Documents to Prepare

A parent should organize information that connects directly to the child and the proposed solution. Useful documents may include existing agreements or orders, the current parenting schedule, a proposed parenting plan, school reports, relevant medical information, activity schedules, records of previous major decisions and communications showing consultation efforts.

A short timeline can show what decision was requested, how each parent responded and how the issue affects the child. Communications should remain focused and factual. General claims may carry little weight without specific examples connected to the child.

Common Decision-Making Responsibility Mistakes

Common mistakes include treating parenting time and decision-making authority as identical, assuming equal time means equal authority, using “joint custody” without explaining the process, requiring joint approval for routine matters, giving both parents conflicting final authority, withholding important information, making unilateral major decisions and involving the child in adult negotiations.

How Can a Toronto Divorce Lawyer Help?

A Toronto divorce lawyer can determine whether the Divorce Act or Ontario’s Children’s Law Reform Act applies, interpret an older custody order, review a parenting plan, draft clear decision-making terms, advise during negotiation or mediation, identify relevant evidence and prepare or respond to a parenting-order application.

Legal advice can also clarify whether an existing order should be enforced, varied or left in place. The goal is not to secure a label. It is to create a practical arrangement that protects the child’s interests and tells each parent what they must do.

Frequently Asked Questions About Decision-Making Responsibility

Is “custody” still a valid term in Ontario?

Current Ontario and federal laws generally use decision-making responsibility and parenting time. Custody remains relevant in older agreements, court orders and common searches.

Must an older custody order be replaced?

No. An older order does not expire only because the terminology changed. Its operative terms generally remain effective unless varied or replaced.

Can parents divide responsibility by issue?

Yes. Parents may share all major decisions or allocate health, education, religion, culture or significant activities separately, provided the arrangement serves the child’s best interests.

Does equal parenting time mean equal decision-making authority?

No. Parenting time and decision-making responsibility must be addressed separately.