Decision-making responsibility

Decision-making responsibility is a general term in the Divorce Act and Parenting and Support Act describing who is responsible to make significant decisions for and about a child. For example, this includes decisions about a child’s: health, education, culture, language, religion, spirituality, and significant extra-curricular activities.  This has traditionally been called ‘custody’.  The Divorce Act and Parenting and Support Act no longer use the word custody.

Both parents may share responsibility for making all of the significant decisions about their child. Sometimes one person alone may have decision-making authority. Other times each parent may be responsible for making specific decisions about the child. For example, one parent may make all of the medical decisions, and the other parent may make all of the education decisions. Most parents will be expected to talk about important decisions that affect a child, regardless of who has been given the decision-making authority.

Every person who has decision-making responsibility is able to ask for and get information about the child from third party care providers subject to any applicable laws (for example, privacy laws) and unless there is an order limiting disclosure of information about a child.