Decision Making Responsibility

In Ontario, “decision-making responsibility” has replaced “custody” and focuses on who makes major life decisions for the child. Here’s what you need to know:

• Decision-making responsibility covers major choices about healthcare, education, religion, and major extracurricular activities. .

• Day-to-day decisions are made by the parent caring for the child at the time.

• Sole decision-making responsibility allows one parent to make all major decisions alone.

• Joint decision-making responsibility means both parents must consult and agree on major decisions.

• Divided responsibility assigns different areas (e.g., education or health) to each parent.

• Courts prioritize the child’s best interests—not what each parent wants.

• A strong focus is placed on communication and cooperation between parents.
  These arrangements can be complex—legal advice is essential to get them right.

Understanding how decision-making works empowers you to protect your child’s well-being while preserving your role as a parent. Read more to explore how different arrangements work and how to choose what’s best for your family.

When parents separate or divorce in Ontario, one of the most crucial aspects to understand is how major decisions about your children’s lives will be made going forward. Decision making responsibility—the legal framework that replaced “custody” in 2021—determines who has the authority to make significant choices affecting your child’s health, education, religion, and overall welfare. Understanding this concept is essential for protecting your parental rights while ensuring your children’s best interests remain the priority.

What is Decision-Making Responsibility?

The Evolution from Custody to Decision-Making Responsibility

In March 2021, Ontario family law underwent significant changes that replaced traditional “custody” language with “decision-making responsibility.” This wasn’t merely a cosmetic change—it represents a fundamental shift toward child-focused, collaborative parenting approaches that emphasize parental duties rather than zero-sum battles over the “physical” control of the children.  

Decision-making responsibility refers to the legal authority to make significant decisions about your child’s upbringing and welfare. Unlike the old custody system that often created winner-and-loser dynamics, this framework recognizes that children benefit when both parents remain involved in important life decisions, even when they no longer live together.

Understanding decision-making responsibility and parenting time helps parents navigate post-separation arrangements that truly serve their children’s needs while preserving meaningful parental relationships.

Core Areas of Decision-Making Authority

Decision-making responsibility encompasses several critical areas of your child’s life:

Healthcare Decisions:

• Choosing family doctors, specialists, and healthcare providers
• Approving medical treatments, surgeries, or ongoing therapies
• Making decisions about mental health support and counselling
• Determining medication needs and treatment protocols
• Consenting to dental care and orthodontic treatment

Educational Choices:

• Selecting schools (public, private, alternative programs)
• Deciding on special education services or accommodations
• Making decisions about tutoring or educational support
• Determining language of instruction and educational priorities

Religious and Cultural Upbringing:

• Choosing religious education and practices
• Deciding on cultural activities and community involvement
• Determining participation in religious ceremonies or rites of passage
• Making decisions about cultural identity development

Other Significant Decisions:

• Approving travel, especially international trips
• Making decisions about major extracurricular activities (e.g. rep sports)
• Deciding on name changes or legal document updates
• Making choices about major lifestyle changes affecting the child
• Determining appropriate consequences for serious behavioural issues

Legal Framework and Authority

Courts in Ontario determine decision-making responsibility based solely on the best interests of the child. This means your personal preferences, convenience, or desire for control don’t influence court decisions—only the  arrangement of what best supports your child’s physical, emotional, and psychological well-being matters.

The legal authority granted through decision-making responsibility orders carries significant weight. When you have this authority (either sole or joint), healthcare providers, schools, and other institutions must recognize your right to information and input regarding your child’s care and development.

Major vs. Day-To-Day Decisions

Understanding the Distinction

One of the most important concepts in decision-making responsibility involves distinguishing between major decisions that require formal consultation and day-to-day decisions that each parent makes during their parenting time.

This distinction prevents constant conflicts over routine parenting choices while ensuring both parents remain involved in significant life decisions that shape their child’s future.

What Constitutes Major Decisions

Major decisions typically involve choices that have long-term impact on your child’s life, require significant financial investment, or affect your child’s fundamental rights and development:

Healthcare Examples:

• Elective surgeries or significant medical procedures
• Mental health treatment decisions
• Decisions about medications or prescriptions
• Choosing specialists for chronic conditions
• Decisions about alternative medicine or therapies

Educational Examples:

• Switching schools or educational programs
• Decisions about private school enrollment
• Special education assessments and program choices
• Decisions about grade retention or acceleration
• Choosing post-secondary education paths

Lifestyle and Development Examples:

• Decisions about organized sports with significant time commitments
• Choices about musical instruments or expensive extracurricular activities
• Decisions about religious confirmation or similar ceremonies
• Decisions about cultural upbringing 
• Choices about summer camps or extended programs

Day-to-Day Decision Authority

Day-to-day decisions fall under the authority of whichever parent has the child during their parenting time. These routine choices don’t require consultation with the other parent:

Routine Healthcare:

• Decisions about basic illness care (fever reducers, rest days)
• Choosing when to keep a child home from school due to minor illness
• Basic first aid and routine injury care
• Scheduling routine check-ups during your parenting time

Daily Life Choices:

• Bedtime routines and household rules
• Meal planning and nutrition choices
• Clothing selections and personal hygiene routines
• Transportation decisions for routine activities
• Supervision arrangements for age-appropriate activities

Educational Support:

• Help with homework and study habits
• Communication with teachers about day-to-day school issues
• Decisions about completing missed assignments
• Attendance at routine school events during your parenting time

This framework allows each parent to maintain normal parenting authority during their time with the children while ensuring major life decisions receive appropriate consideration from both parents when required.

 

Sole and Joint Decision Making

Sole Decision-Making Responsibility

Sole decision-making responsibility grants one parent the authority to make all major decisions about the child independently, without requiring consultation or agreement from the other parent. This arrangement resembles the traditional “sole custody” model but emphasizes parental duties rather than ownership concepts.

When courts consider sole arrangements:

• Communication breakdown between parents makes joint decision-making impractical
• History of family violence creates safety concerns about ongoing contact
• Geographic distance makes consultation difficult or impractical
• Significant disagreement on fundamental parenting approaches
• One parent’s limited involvement in the child’s life historically

Benefits of sole arrangements:

• Streamlined decision-making without need for consultation
• Reduced conflict when parents cannot communicate effectively
• Clear authority for urgent or time-sensitive decisions
• Consistency in parenting approaches and values
• Protection from ongoing conflict affecting the child

Potential drawbacks:

• Loss of parental input from the non-decision-making parent
• Increased responsibility burden on the decision-making parent
• Potential for excluding the other parent from important aspects of child’s life
• Risk of decisions that don’t consider all relevant perspectives

Joint Decision-Making Responsibility

Joint decision-making responsibility requires both parents to consult, discuss, and attempt to reach agreement on major decisions affecting their child. This arrangement reflects the philosophy that children benefit when both parents remain involved in important life choices.

Requirements for successful joint arrangements:

• Ability to communicate respectfully about child-related issues
• Willingness to compromise and consider the other parent’s input
• Commitment to the child’s best interests above personal preferences
• Reasonable geographic proximity to facilitate necessary discussions
• Shared fundamental values about important aspects of child-rearing

How joint decision-making works in practice:

• Initial discussion when major decisions arise
• Information sharing about relevant factors and options
• Consultation with professionals (doctors, teachers, etc.) as needed
• Good faith negotiation to reach mutually acceptable solutions
• Fall-back procedures when agreement cannot be reached

Benefits of joint arrangements:

• Both parents remain involved in shaping their child’s future
• Better decisions often result from multiple perspectives
• Reduced marginalization  of either parent from child’s development
• Modeling cooperation and problem-solving for children
• Shared responsibility for major life choices

Challenges with joint arrangements:

• Time-consuming decision-making processes
• Potential for deadlock when parents cannot agree
• Ongoing contact required between parents who may have difficulty communicating
• Delayed decisions while consultation processes occur

When Disagreement Occurs

Even with joint decision-making responsibility, parents sometimes cannot reach agreement on major decisions. Several mechanisms address these situations:

Mediation and Professional Support:

• Family mediators can facilitate discussions and help identify solutions
• Child psychologists or specialists can provide expert recommendations
• Professional guidance helps focus discussions on children’s needs rather than adult conflicts

Court Intervention:

• Courts can make specific decisions when parents cannot agree
• Judges consider the same best interests factors used for initial orders
• Court orders are  binding and enforceable

Decision-Making Tie-Breaking:

• Some agreements specify tie-breaking procedures
• One parent might have final decision authority in specific areas
• Professional recommendations might carry binding weight

Divided Decision Making Models

Understanding Divided Arrangements

Divided decision-making responsibility splits different areas of major decision-making between parents based on their strengths, interests, or practical circumstances. This model recognizes that parents might have different expertise or involvement in various aspects of their child’s life.

Common division examples:

• Healthcare decisions with one parent (often the parent with medical knowledge or better insurance)
• Educational decisions with another parent (perhaps the one more involved in school activities)
• Religious/cultural decisions split based on family backgrounds
• Extracurricular activities decided by the parent with more flexible scheduling

Factors influencing divided arrangements:

• Professional expertise (parent in healthcare makes medical decisions)
• Historical involvement (parent who managed school relationships continues educational decisions)
• Practical considerations (geographic proximity to specific services)
• Cultural competence (parent with stronger cultural connections manages cultural decisions)
• Child’s expressed preferences about which parent handles specific areas

Benefits of flexible approaches:

• Tailored solutions that fit specific family dynamics
• Recognition of individual strengths and circumstances
• Adaptability as children’s needs change over time
• Practical efficiency while maintaining both parents’ involvement

Practical Implementation Considerations

Successful divided arrangements require clear communication protocols and well-defined boundaries:

Essential elements:

• Written agreements specifying which parent handles which decisions
• Communication procedures for sharing information across decision areas
• Emergency protocols when the designated decision-maker isn’t available
• Review mechanisms to adjust arrangements as circumstances change
• Dispute resolution procedures when conflicts arise

Common challenges and solutions:

• Overlapping areas where responsibility isn’t clear (solved through detailed agreements)
• Information sharing between parents (addressed through structured communication plans)
• Emergency situations requiring quick decisions (handled through clear delegation protocols)

Understanding how divided arrangements work helps parents develop creative solutions that leverage both parents’ strengths while serving their children’s best interests. These arrangements often work well when parents can communicate effectively but have different areas of expertise or involvement.

Frequently Asked Questions

Can decision-making arrangements be changed if circumstances change?

Yes, decision-making responsibility orders can be modified when there are significant changes in circumstances that affect the child’s best interests. Common reasons for modification include changes in parents’ ability to communicate, relocation, changes in the child’s needs, or safety concerns that arise after the initial order.

To modify an existing arrangement, you must demonstrate a material change in circumstances since the original order and show that the proposed changes serve your child’s best interests. Courts consider factors like improved communication between parents, changes in work schedules that affect availability, or children’s evolving needs as they mature.

The process typically involves commencing a Motion to Change  in  the court, providing evidence of changed circumstances, and potentially participating in mediation before court hearings. Professional legal guidance helps navigate these modification processes effectively.

What happens when one parent consistently makes major decisions without consulting the other?

When a parent violates joint decision-making responsibilities by making major decisions unilaterally, several enforcement options exist. The non-consulting parent can seek court intervention through enforcement proceedings, request modification of the arrangement, or pursue makeup decision-making opportunities.

Courts take violations of decision-making orders seriously because they undermine the child-focused principles behind these arrangements. Consequences might include:

• Modification to sole decision-making for the compliant parent
• Supervised decision-making requirements for the violating parent
• Court-ordered communication protocols or parenting coordination services

However, courts also consider whether the excluded parent was reasonably available for consultation and whether emergency circumstances justified unilateral action.

How do Section 7 expenses relate to decision-making responsibility?

Section 7 expenses (extraordinary expenses like childcare, medical expenses, and extracurricular activities) often intersect with decision-making responsibility, but they’re separate legal concepts.

Whether a child participates in a certain type of extra curricular activity or receives a certain type of medical treatment may fall under the category of “decision making responsibility”. It speaks to whether the “thing” is permissible.

However, this is very different from whether the cost of the “thing” meets the threshold of a section 7 expense, let alone whether the other parent should share in the cost of it.

Key interactions:

• Joint decision-making doesn’t automatically mean joint financial responsibility
• One parent having decision-making authority doesn’t mean they pay all costs
• Disagreement about expenses might require court resolution of both decision and payment issues
• Emergency expenses might be approved unilaterally but still shared proportionally

Understanding both frameworks helps parents navigate decisions about children’s activities and expenses while maintaining appropriate financial and decision-making boundaries.

Decision-making responsibility represents a crucial aspect of post-separation parenting that directly impacts your child’s development and your ongoing relationship with them. Whether you’re seeking sole, joint, or divided arrangements, the key is developing solutions that prioritize your child’s best interests while respecting both parents’ important roles.

Successful decision-making arrangements require clear communication, mutual respect, and focus on your child’s needs rather than adult relationship conflicts. When parents can cooperate effectively on major decisions, children benefit from both parents’ ongoing involvement and shared wisdom about important life choices.

Professional legal guidance helps ensure that decision-making arrangements protect your parental rights while supporting your child’s best interests. Contact our experienced family law team to discuss how different decision-making models might work for your specific situation and explore options that serve your family’s unique needs.

Remember that decision-making responsibility isn’t about control or winning—it’s about ensuring your children receive thoughtful, informed guidance about the major decisions that will shape their lives. The most successful arrangements recognize both parents’ valuable contributions while providing practical frameworks for ongoing cooperation.