Decision-Making

Decision-Making Responsibility in Family Law

Decision-making responsibility addresses who has the authority to make significant decisions about a child’s upbringing following separation. In Ontario family law, this issue is assessed through the lens of a child’s best interests, not parental rights or expectations. While some parents assume decision-making will be shared by default, disputes often arise where communication has broken down, trust is low, or past decision-making has been a source of conflict. In higher-conflict matters, disagreements about decision-making responsibility can quickly escalate. A clear legal overview helps refocus the analysis on evidence, child-focused factors, and proportional process selection (the choice among available dispute resolution options).

How the Law Approaches Decision-Making in Ontario

Under the Divorce Act, courts determine decision-making responsibility based on the best interests of the child. This includes assessing the child’s needs, the history of caregiving, each parent’s ability to make decisions that promote the child’s well-being, and the capacity of the parents to communicate and cooperate where joint decision-making is proposed. There is no presumption in favour of joint or sole decision-making. Courts focus on whether the proposed arrangement is workable, sustainable, and protective of the child’s stability and safety.

Legal Complications

Disputes over decision-making responsibility often become high-conflict or complex where parental communication is poor, positions are entrenched, or there is ongoing disagreement about education, medical care, or extracurricular activities. Complexity may arise where one parent alleges exclusion from decisions, where there is a history of unilateral decision-making, or where concerns exist about a parent’s judgment or reliability. Behavioural dynamics such as control struggles, rigidity, or difficulty separating adult conflict from child-focused decision-making can further escalate disputes and increase litigation risk.

Legal Considerations

From a strategic perspective, experienced family lawyers assess whether shared decision-making is realistic given the parties’ communication patterns and conflict history. Practical considerations include how interim arrangements may influence long-term outcomes, whether joint or parallel decision-making models are feasible, and how disagreements are likely to be resolved in practice. Courts may place significant weight on evidence of past conduct, demonstrated ability to cooperate and whether children’s needs are being addressed, making careful framing and documentation critical in contested matters.

Implications in Family Law Matters

Decision-making responsibility is closely connected to parenting time, child support, and broader dispute resolution strategy. High conflict around decision-making can affect the viability of shared parenting arrangements and may influence process selection and timing. Addressing decision-making responsibility in isolation can create instability if related parenting issues are not considered together.

Our Role as Family Lawyers

Our role is to provide legal advice and representation that is proportionate to the level of conflict and complexity in the overall family law matter, including any dispute with decision-making. Guided by our law firm’s five-step approach, we can develop and implement a legal strategy that remains responsive to changing circumstances, ensuring the matter continues to progress efficiently toward resolution.