Decision-making responsibility (formerly known as custody) refers to the legal authority to make significant decisions about a child’s upbringing and overall well-being. These decisions shape a child’s daily life and long-term development and are distinct from parenting time, which concerns where the child lives and how time is shared between parents.
What Decisions Are Considered “Major”?
Major decisions typically include matters relating to:
- Education (such as choice of school, special education services, or significant changes in schooling);
- Health care (including medical treatment, therapy, and mental health care);
- Religion and cultural upbringing; and
- Significant extracurricular activities that involve substantial time, cost, or commitment.
Day-to-day decisions—such as meals, bedtime routines, or ordinary activities—are generally made by the parent caring for the child at that time and are not considered major decision-making issues.
Sole vs. Joint Decision-Making Responsibility
Decision-making responsibility may be granted to one parent alone or shared between both parents. Sole decision-making responsibility means one parent has the authority to make major decisions for the child without requiring the other parent’s consent. While consultation may still be encouraged, formal consent is not legally required. Joint decision-making responsibility means both parents share the right and responsibility to make major decisions together. This arrangement requires a basic ability to communicate and cooperate regarding the child’s needs.
Importantly, communication between parents does not need to be perfect for joint decision-making to work. Courts recognize that separated parents may disagree or experience tension. What matters is whether the parents can exchange information, consider one another’s views, and make child-focused decisions without ongoing conflict that negatively affects the child.
How Decision-Making Responsibility Is Determined
When parents agree on decision-making responsibility, they can set out the arrangement in a parenting plan or separation agreement. This is typically the most efficient and least adversarial approach. If parents cannot agree, they may attempt to resolve the issue through negotiation, mediation, collaborative family law, or arbitration, often with the assistance of legal counsel. When these efforts are unsuccessful, the court will decide the issue by issuing a parenting order.
Factors Courts Consider
When a judge is asked to determine whether decision-making responsibility should be sole or joint, the decision is guided entirely by the best interests of the child. Factors commonly considered include:
- Each parent’s past involvement in making decisions for the child;
- The child’s needs, circumstances, and stage of development;
- The parents’ ability to communicate and make decisions without exposing the child to conflict;
- Whether there is a history of family violence, coercive control, or high conflict;
- The stability of the child’s current living arrangements; and
- Any relevant professional evidence, such as reports from the Office of the Children’s Lawyer or assessments by mental health professionals.
The court may also consider whether joint decision-making is realistic in light of the parents’ relationship dynamics, or whether sole decision-making is necessary to protect the child from ongoing conflict.
The Court’s Role
After reviewing all relevant evidence, the judge will issue a parenting order setting out who has decision-making responsibility and how decisions are to be made. This order is legally enforceable and is designed to promote the child’s stability, safety, and overall well-being.
* 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.
