Which decisions are considered significant and which ones are smaller?

Many decisions are made in regards to children. Some are major or significant decisions while others are smaller day-to-day decisions

Significant Decisions:

• Choice of school and educational needs
• Medical treatment
• Extracurricular Activities
• Religion

Significant decisions are made jointly or responsibilities can be divided between the parents. They can be made jointly with one parent having final say after discussing the issue at hand. Each parent can select an extracurricular activity.

Both Acts recognize that religion is important and that a child has a dual heritage.

Day-to-Day and Emergency Decisions:

• Homework
• Bedtime routines
• Meals
• Chores

Parents should consider consistency and stability when making house rules.

In a medical emergency, try to contact the other parent immediately

Does decision-making responsibility have anything to do with where the child lives or the amount of time each parent spends with the child?

No, there is no relationship between having decision-making responsibility and spending time with the child.

If a parent does not have decision-making authority, is the parent still entitled to information about the child?

Both the Divorce Act and the Ontario’s Children’s Law Reform Act state that both parents are equally entitled to information regarding a child regardless of who has final decision-making authority.

Under both Acts, both parents are entitled to information about child’s:

• Health
  
• Education
  
• Well-being (from school and doctors)

What are the three general types of decision-making responsibility?

Sole Decision-Making Responsibility 

Sole decision-making responsibility gives you the right to make important decisions about the child without the need to involve the other parent (unless the agreement or court order says otherwise).  You do not need to involve the other parent when when making decisions.

Joint Decision-Making Responsibility

Parents who have joint decision-making responsibility for their children share the right to make important decisions about their child’s care. Both parents are involved in making decisions and must both agree and consent to decisions about the child’s care, such as their education plan and healthcare. Parents must be able to cooperate and communicate with each other for joint decision-making responsibility to work.

De facto Decision-Making Responsibility

De facto decision-making responsibility is when your child lives with you, but you do not have a legal decision-making responsibility arrangement. You have de facto decision-making responsibility if you live separately and apart from your spouse (whether married or common law), your children live with you full-time, and your spouse has accepted this arrangement. If you have de facto decision-making responsibility, your spouse cannot exercise their decision-making responsibility until a separation agreement or court order provides otherwise. You need your right to make decisions about your child in writing if you want to enforce it.

What are some variations of the above types of decision-making responsibility?

• Consultative decision-making responsibility: One parent will be responsible for final decisions. They must consult with the other parent before making a decision, and must inform the other parent of the decision. In other words, one parent has final say.
• Divided (parallel) decision-making responsibility: The parents divide responsibility for decisions (for example, one parent will make decisions about health and religion, the other parent is responsible for other decisions, for example, on education)

When do you have decision-making responsibility?

You have decision-making responsibility under the following situations:

• You and your ex have a separation agreement that says you have decision-making responsibility.
• A court order says you have decision-making responsibility.