Decision-Making Authority (Custody)

Did you know? The term “custody” is now referred to as major decision-making, which better reflects the meaning of the word and responsibilities that come with it

Decision-making responsibility for a minor child can be awarded to one or both of the child’s parents

What Is Decision-Making Responsibility?

In Ontario, Decision Making Responsibility, formerly known as custody, refers to a parent’s legal authority to make important decisions about their child’s upbringing. These decisions typically relate to the child’s:

Education

School choice, tutoring, special programs

Health and Medical Care

Treatments, doctors, therapies

Religion and Spirituality

Faith-based practices or upbringing

Extra Curricular Activities

Sports, arts or special activities

Decision Making Responsibility is separate from parenting time (access) and focuses on who has the authority to make major life decisions for the child. It can be structured in different ways:

  • Sole Decision‑Making Responsibility: One parent makes all major decisions.
  • Joint Decision‑Making Responsibility: Both parents make major decisions together.
  • Divided or Parallel Decision‑Making: Each parent is responsible for certain types of decisions. 

Courts in Ontario always prioritize the best interests of the child when determining how decision‑making responsibility is allocated.

At Mahin Law, we help parents navigate these decisions, create clear agreements, and, when necessary, advocate for your parental rights in court or through negotiation.

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