Decision Making Responsibility in Ontario: What Parents Need to Know to Protect Their Child’s Future
Family Lawyer in Mississauga
Ontario family law has moved away from the old “custody and access” language and now uses child-focused terms that emphasize responsibility, cooperation, and the child's best interests. The new terminology applies under both the Divorce Act (for divorcing parents) and Ontario’s Children’s Law Reform Act (for parents who are not divorcing).
At Curyk Law, our family lawyers in Mississauga help parents understand decision-making responsibility and create parenting arrangements that are clear, practical, and focused on children - not conflict.
1. New Terminology: From “Custody” to Responsibility
Ontario law no longer uses the terms custody and access. They have been replaced with two separate legal concepts:
Decision-Making Responsibility (formerly “custody”)
Decision-making responsibility means the legal authority to make major decisions about a child’s life. It does not address where the child lives or how much time they spend with each parent.
Major decisions usually include:
Parenting Time (formerly “access”)
Parenting time refers to when a child is in a parent’s care. During parenting time, that parent makes day-to-day decisions, such as meals, routines, homework, bedtime, and supervision.
Decision-making responsibility and parenting time are separate issues, and one does not automatically determine the other.
2. Types of Decision-Making Arrangements in Ontario
Depending on the family’s circumstances, parents or courts may order different decision-making structures:
Both parents must agree on major decisions together. This arrangement works best when parents can communicate respectfully and resolve disagreements without ongoing conflict.
One parent has the authority to make major decisions alone. The other parent usually still has the right to receive important information about the child, such as school and medical updates.
Each parent has authority over specific areas of the child’s life (for example, one parent makes education decisions while the other handles health care).
It is common for one parent to take the lead on decisions immediately after separation. However, without a written agreement or court order, this situation is temporary and can create legal uncertainty. A family lawyer in Mississauga can help formalize decision-making arrangements and reduce future disputes.
3. The “Best Interests of the Child” Standard
All parenting decisions in Ontario are guided by one overriding principle: the best interests of the child.
Courts consider many factors, including:
The child’s safety, well-being, and development are always the top priority.
4. The Importance of a Parenting Plan in 2026.
A Parenting Plan is a written document that explains how decision-making responsibilities and parenting time will be implemented in practice. Ontario courts increasingly expect parenting plans to be detailed, realistic, and child-focused.
A strong parenting plan often includes:
Clear parenting plans help reduce conflict, provide stability for children, and limit the need to return to court.
Privacy and Your Records (Rule 1.2)
If your parenting arrangement is part of a court-filed Separation Agreement, you must comply with Rule 1.2 of the Family Law Rules. This requires you to black out (redact) sensitive information. At Curyk Law, we handle these technical filings to ensure your privacy is protected and your documents are accepted by the court.
Speak With Curyk Law in Mississauga
Disagreements about decision-making responsibility can be stressful and emotionally charged. Whether you are negotiating a new parenting plan or seeking to change an existing order, the team at Curyk Law can help. We focus on child-centred solutions that minimize the stress and conflict.
Contact Monika Curyk and her team today:
SEO Enhancements (Optional)
SEO Title:
Decision-Making Responsibility in Ontario | Family Lawyer in Mississauga
Meta Description:
Learn how decision-making responsibility works in Ontario. A Mississauga family lawyer explains parenting decisions, joint vs. sole responsibility, and parenting plans.
