Decision-Making

Decision-making responsibility is the authority to make significant decisions about a child's upbringing. The 2021 Divorce Act amendments replaced the term 'custody' with 'decision-making responsibility' to shift the focus from parental rights to parental responsibilities. Decision-making responsibility covers major decisions about education (which school, special education needs), health care (medical treatment, mental health services), religious and cultural upbringing, and significant extracurricular activities. It does not cover day-to-day decisions, which are made by whichever parent the child is with at the time.

Decision-making responsibility can be sole (one parent has the authority to make major decisions) or joint (both parents must consult and agree on major decisions). Joint decision-making is common when parents can communicate and cooperate effectively. It does not require equal parenting time — a parent can have joint decision-making responsibility even if the child primarily lives with the other parent. Sole decision-making may be appropriate when there is a history of family violence, when one parent is consistently unavailable, or when the parents are so high-conflict that joint decision-making is harmful to the child.

Joint decision-making requires genuine consultation and good-faith effort to reach agreement. It does not mean one parent can veto every decision or use the process to harass the other parent. Courts expect parents with joint decision-making to communicate respectfully, share relevant information, and make timely decisions. If one parent consistently refuses to engage or uses the process as a weapon, the court may reconsider the arrangement. Many parents use a parenting communication app (like OurFamilyWizard or TalkingParents) to document their communications and reduce conflict.

Even with joint decision-making, parents sometimes disagree on a specific issue — which school the child should attend, whether the child needs a particular medical treatment, or whether the child should participate in a religious activity. If the parents cannot agree, either parent can bring a motion asking the court to make the decision. Courts will apply the best interests of the child standard. In urgent situations — for example, a dispute about necessary medical treatment — courts can act quickly. For less urgent disputes, mediation is often a faster and less expensive option than court.

A history of family violence is a significant factor in determining decision-making responsibility. Courts are unlikely to order joint decision-making when there has been coercive control, domestic violence, or a significant power imbalance between the parents, because joint decision-making requires ongoing communication and cooperation that may not be safe or possible in those circumstances. Sole decision-making responsibility may be ordered to protect the victim parent and the child from ongoing harm through the legal process.

Decision-making responsibility covers major decisions — not the day-to-day choices that are a normal part of parenting. When a child is in your care, you make the routine decisions: what they eat, when they go to bed, what they wear, what activities they do that day. You do not need the other parent's agreement for these. Major decisions — changing schools, elective surgery, a new religious practice, a significant extracurricular commitment — require consultation if you have joint decision-making. When in doubt, consult. It is better to over-communicate than to make a unilateral decision that ends up in court.