As of March 1, 2021, under the act/legislation insert here the term custody changed to decision-making responsibilities. This responsibility grants an individual the right to make decisions regarding the child’s education, religion, and well-being. It is not about deciding where the child will live, for this decision would impact parenting time to the access parent and child support owed.
Despite common misconceptions, under the -insert legislation both involved parents with parenting time have an entitlement to retrieve information about the child’s well-being, regardless of their decision-making authorities. Having authority to make decisions is different from being the sole person that withholds relevant information about the child.
Information exchange between the parties varies depending on the level of conflict, court order, or other agreement set forth. In matters with a low level of conflict, a parent with decision-making responsibilities will often send a curiosity copy to the other parent, while parties in high conflict may require other methods of communication to help with information exchange.
Pursuant to section 16.1 of the Divorce Act, a court order may impose this responsibility on the child’s parents, or any other person that stands in the place of a parent, such as stepparents or grandparents. The allocation of decision-making responsibilities may be as follows:
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Sole decision-making responsibility:
This arrangement is where one parent cares for and makes decisions about the children on their own. The other parent may have parenting time with the children, however, may not be involved with decision making of the child.
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Joint decision-making responsibility:
Regardless of who has parenting time, both parents make decisions about the child together. Whether this arrangement is decided by the court or amongst the co-parents, collectively, it is important to have an alternative dispute resolution clause in place in case parents reach an impasse.
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Split decision-making responsibility:
This arrangement is where one parent has decision-making responsibility for one or more children and the other parent has decision-making responsibility for the other children. Or in the alternative, the split decision-making may result in one parent exclusively deciding on issues relating to education and one parent exclusively deciding on medical issues, for example.
The court will use the “best interest of the child” analysis if the parties do not have a separation agreement that addresses the allocation of decision-making responsibilities. These factors include:
- the emotional ties between the child and the claimant
- the views and preferences of the child, which will be dependent upon their age.
- how long the child has lived in their current arrangement;
- how able and willing each claimant is to provide the child with guidance, education, and the necessities of life and to address the special needs of the child.
- any proposed plans for care and upbringing
- how permanent and stable the proposed family unit is.
- whether that person can take on the roles and responsibilities of parenting
- familial relationship between the child and each person who is party to the application.
At Blackburn Lawyers, we strive to provide efficient and effective services for every family law matter while mitigating future conflict or litigation. If you and/or a loved one has any questions about decision-making responsibilities, contact our family law lawyers today.
Disclaimer: This blog sets out a variety of information relating to law that is to be used for educational purposes and is not legal advice for your matter. The author does not intend for this blog to be a source of legal advice.
Written by Adriana Totera
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
