- Parents have an equal starting right to decision-making responsibility, married or not, but it can be suspended when the child lives with the other parent by consent.
- Parenting time includes the right to make inquiries and receive information about the child's well-being, and that entitlement is not suspended.
- A court must include a written parenting plan the parties agree on in its order, and Ontario says you can be fined or jailed for not following a court order.
You may be a parent whose child lives mostly with the other parent. Now the school will not talk to you, or the doctor's updates never reach you. It is stressful to feel shut out of your child's life, and it is not always clear what you are entitled to ask for.
This article explains how Ontario family law treats a parent's right to information, how that differs from the right to make big decisions, and what steps are available if you are being refused. Your situation may depend on details, so a lawyer can confirm how this applies to you.
Equal starting rights, even if you were never married
Under the Children's Law Reform Act (CLRA), a child's parents have an equal right to decision-making responsibility for the child. This applies whether or not the parents were ever married.
There is an important exception for separated parents. If the parents live apart and the child lives with one parent with the other's consent, implied consent or acquiescence, the other parent's right to exercise decision-making responsibility is suspended until a separation agreement or court order says otherwise. Their entitlement to parenting time is not suspended.
What the law says about information
Parenting time includes the right to visit with and be visited by the child. It also includes the same right as a parent to make inquiries and receive information about the child's well-being.
Separately, unless the court orders otherwise, a person with decision-making responsibility or parenting time may ask for and receive information about the child's well-being. So the starting point is that a parent who has lost the day-to-day role has not lost the ability to ask.
- Asking for information is not the same as making decisions.
- Your decision-making may be suspended while your parenting time and your right to information remain.
- A court order can change the default, so read any order or agreement you have.
Information versus decisions versus day-to-day authority
These three ideas are often mixed up. Decision-making responsibility covers significant decisions about a child's well-being, including health, education, culture, language, religion and spirituality, and significant extra-curricular activities.
Day-to-day decisions are different. The person with parenting time has exclusive authority over day-to-day decisions during that time, unless the court orders otherwise.
| Idea | What it means | Source |
|---|---|---|
| Information | Ask for and receive information about the child's well-being | |
| Significant decisions | Health, education, religion and similar major choices | |
| Day-to-day decisions | Handled by whoever has parenting time at that moment |
In practice, you may be entitled to learn how your child is doing at school or with a health issue even if you are not the one making the major decisions. How a particular school or health provider responds is not something this article can predict, so ask a lawyer if you hit a wall.
Which law applies and what old wording means
The federal Divorce Act governs parenting between married spouses. The CLRA applies to unmarried or common-law parents and to married parents who are not divorcing. The two have parallel but separately numbered sections, which is why the same rule can appear with two different section numbers.
Day-to-day decision-making appears in both the Divorce Act and the CLRA, in parallel sections. Older orders and agreements may still use the words custody and access, so if yours does, it is worth reviewing with a lawyer to confirm what it means for you.
What to do next
- Find your current separation agreement or court order and check what it says about information and decisions.
- Make your request in writing and keep copies of any refusals.
- Propose written terms in a parenting plan. If the parties agree on a written plan, the court must include it in its parenting order, though it may change the plan if that is in the child's best interests.
- Know that a separation agreement is unenforceable unless it is in writing, signed and witnessed, and that a court may disregard its parenting terms if that is in the child's best interests.
- If there is no order, you can apply for a parenting order covering decision-making responsibility and parenting time under CLRA s. 21. Married spouses can apply under Divorce Act s. 16.1.
- If an order is ignored, the court may make any order it considers necessary for a just result, such as costs or a contempt order. A person found in contempt may be imprisoned or fined.
A lawyer can help you decide which step fits your situation and whether the tone of a written request might help or hurt.
Frequently asked questions
Do I lose the right to information if the child lives with the other parent?
Not automatically. When a child lives with one parent by consent, the other parent's decision-making is suspended, but their entitlement to parenting time is not. Parenting time includes the right to make inquiries and receive information about the child's well-being.
Does being unmarried change my rights?
Parents have an equal starting right to decision-making responsibility whether or not they were ever married. Which statute applies does depend on marital status, because the Divorce Act and the CLRA run in parallel.
Can a court order limit my access to information?
Yes. The default right to ask for and receive information applies unless the court orders otherwise. Check your order or agreement for any such terms.
What if the other parent ignores our order?
The court may make any order it considers necessary for a just result, including costs or a contempt order. Ontario's guidance also says you can be fined or jailed for not following a court order on decision-making responsibility, parenting time or contact.
Sources
- Children's Law Reform Act, R.S.O. 1990, c. C.12 (e-Laws) — Ontario e-Laws
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 16.1(1) — Justice Laws (federal)
- Family Law Act, s. 55(1) (e-Laws) — Ontario e-Laws
- Family Law Rules, r. 31 (e-Laws) — Ontario e-Laws
- Ontario.ca – Parenting time, decision-making responsibility and contact — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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