What does 'decision-making responsibility' mean in Ontario family law?

"Decision-making responsibility" is the term used in the federal Divorce Act for what used to be called "legal custody." It refers to the authority to make significant decisions about a child's life — including education, healthcare, religious upbringing, and participation in extracurricular activities. For unmarried parents, Ontario's Children's Law Reform Act uses similar language.

Decision-making responsibility can be held by one parent alone (sole decision-making) or shared between parents (joint decision-making). In a joint arrangement, both parents must agree on major decisions before they are made. In a sole arrangement, the parent with sole authority can decide without consulting the other, though they may still be required to inform the other parent.

Having parenting time does not automatically mean having decision-making responsibility. You can have substantial time with your child while another parent holds sole authority over major decisions. Conversely, a parent with very little parenting time can still share in decision-making.

Courts design arrangements to match each family's ability to cooperate. High-conflict situations often lead to sole decision-making to avoid ongoing disputes harming the child.