What is Decision-Making Responsibility? 

Decision-making responsibility is the right of a person, usually a parent, to make significant decisions about the child’s life and well-being. This includes but is not limited to, healthcare and medical treatments, education and choice of school, language, culture, religion, and other important matters in respect of the child. 

Parents can have decision-making responsibility over different kinds of decisions, such as education and healthcare. If this is the case, the agreement will specify which decisions each parent is responsible for making. Decision-making responsibility can be assigned to one or more parents, in addition to non-parents such as grandparents.

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

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

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

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)

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

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).  

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.