What happens if there is a medical emergency during the other parent's parenting time?
During a parent's parenting time, that parent is responsible for the child's day-to-day care and can make emergency medical decisions without waiting for the other parent's agreement. Hospitals and emergency responders can and do treat children based on the consent of one parent in an emergency.
The requirement to jointly agree on major healthcare decisions applies to planned, non-urgent decisions — elective surgery, starting a medication regime, mental health referrals, significant dental treatment. It does not mean a parent must call the other before allowing emergency treatment in a crisis.
After the emergency is addressed, the parent who had the child should inform the other parent promptly. Both parents have a right to receive information about the child's health, and most parenting orders require mutual disclosure of significant medical events.
If a parent has deliberately withheld information about a medical emergency that occurred during their parenting time, that is a different matter — courts view a failure to notify the other parent of a serious medical event as a breach of the spirit of joint parenting arrangements.
Key takeaways
- Emergency medical treatment can be authorized by one parent alone.
- Joint decision-making applies to planned, non-urgent healthcare decisions.
- Notify the other parent promptly after any significant medical event.
- Withholding information about a medical emergency is a serious breach of co-parenting obligations.