What happens to decision-making authority if the parent with sole custody dies?

If the parent who holds sole decision-making responsibility dies, the surviving parent does not automatically resume full parental authority in all circumstances — but in most cases, parental rights do revive. Unless there is a court order specifically suspending the surviving parent's parental rights (which is rare and serious), the surviving parent would take over care of the child.

Under Ontario's Children's Law Reform Act, both biological parents remain legal parents and guardians of the person of a child. A sole decision-making order restricts how decisions are made, but it does not strip the other parent of their parental status. When the ordering parent dies, the other parent generally resumes full parenting responsibilities.

However, there can be complications. If the deceased parent had named a guardian in their will, that person might apply to the court. If the surviving parent's relationship with the child is poor or they have had limited involvement, other family members might also apply. Courts would resolve any contest by applying the best interests of the child.

If you are concerned about what happens to your children if you die, speak with a lawyer about your will and any guardian appointments.