In Ontario, the legal term “custody” has been officially replaced with “decision-making responsibility.” This change reflects a shift in focus, from where the child lives to who gets to make major decisions about their life. Understanding this concept is essential whether you’re divorcing, separating, or updating a parenting plan in Ontario. Further in this blog post, we will discuss the overall concept, types, coverage, and how the court decides on decision-making responsibility.
What is Decision-Making Responsibility?
Decision-making responsibility, which falls under family law, refers to the legal authority to make significant decisions about a child’s upbringing. This includes choices that directly shape the child’s future, and it’s a core component of Ontario family law. Previously called custody, this terminology update helps clarify that the role is about major life decisions, not just living arrangements.
What decisions does it cover?
It typically covers decisions related to:
- Education: Where the child goes to school, special education needs, etc.
- Healthcare: Medical treatments, doctors, and mental health services.
- Religion: Religious upbringing, rituals, and spiritual education.
- Extracurricular Activities: Major time commitments like sports or arts programs.
Types of Decision-Making Responsibility
There are different ways this responsibility can be assigned, depending on the family’s situation and what’s best for the child. The three types of assignments are:
- Sole: One parent makes all major decisions without needing the other’s consent.
- Joint: Both parents share decision-making and must cooperate on key matters.
- De Facto: No formal agreement exists, but one parent makes decisions because the child lives primarily with them.
Note: This is separate from parenting time, which refers to the child’s living arrangements and visit schedules.
How Do Courts Decide Who Gets Responsibility?
When parents can’t agree on who should make decisions, a judge steps in. The primary legal standard is the best interests of the child, not the preferences of either parent. For this matter, courts have several factors to decide upon.
Factors that courts consider include, but are not limited to:
- Each parent’s past caregiving role and involvement
- Ability to meet the child’s emotional, educational, and physical needs
- Willingness to support the child’s relationship with the other parent
- Any history of family violence or abuse
The court’s aim is always to promote the child’s well-being, security, and healthy development; therefore, it will consider whatever might be affecting the child’s future.
What Is a Parenting Plan?
A parenting plan is a written agreement between parents that outlines how they’ll share responsibilities in raising their child, including decision-making. It can help prevent conflict and ensure consistency in the child’s life. A parenting plan is an inclusive agreement that can also cover decision-making, but it is mostly about how the child spends time with parents and how he will be raised after divorce.
Key features may include:
- Who handles which decisions
- How decisions will be made jointly
- Dispute resolution methods (e.g., mediation or arbitration)
- If parents can’t agree, a judge may issue a parenting order based on what’s best for the child.
What Rights Do Non-Deciding Parents Have?
One big worry of non-deciding parents is what rights they will have in their child’s life. Even if only one parent is granted decision-making responsibility, the other parent often still has important rights. They are usually entitled to:
- Be informed about the child’s education and school progress
- Receive updates on the child’s health and medical issues
- Stay involved in the child’s activities and daily life
Non-decision-making does not mean no involvement. In most cases, both parents are expected to remain active and informed in the child’s life. The differences are mostly in big decisions that affect the child’s well-being.
Conclusion: Focus on the Child’s Best Interests
Decision-making responsibility is about protecting your child’s future by ensuring their major life decisions are made thoughtfully. Whether shared or sole, the process must always prioritize the child’s well-being. Understanding how this works in Ontario law can help you navigate parenting through separation with clarity and purpose.
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