Parenting after separation can be challenging — particularly where cooperation has broken down or one parent is not acting in the child’s best interests. In these situations, child decision-making can become a significant point of contention. In some cases, shared decision-making simply cannot work. When this occurs, a court may determine that one parent should have sole decision-making responsibility.
What Is Sole Decision-Making Responsibility?
Decision-making responsibility refers to the authority to make major decisions about a child’s life, including matters related to health, education, religion, and overall well-being.
Sole decision-making means one parent has the legal authority to make those major decisions without requiring the other parent’s agreement. Importantly, this does not automatically determine parenting time. A parent may still have regular parenting time even if they do not share decision-making authority.
How Courts Make the Determination
There is no fixed checklist for granting sole decision-making. Courts assess whether joint decision-making is workable and, most importantly, whether it serves the child’s best interests.
In Ontario and across Canada, the best-interests test is guided by the Divorce Act and, in non-divorce matters, the Children’s Law Reform Act.
Courts may consider:
- Evidence of family violence, including coercive or controlling behaviour
- Parental alienation
- Substance abuse or untreated mental health concerns
- Chronic neglect
- A parent’s repeated failure to comply with court orders
- Ongoing interference with parenting time
- Inability or refusal to communicate effectively
When cooperation is minimal or conflict is persistent, joint decision-making may expose the child to instability and ongoing tension.
The Importance of Caregiving History
Courts also examine the history of caregiving. If one parent has consistently handled the child’s daily care, medical needs, educational decisions, and overall coordination, that history may support granting sole decision-making authority to maintain continuity and stability.
Judges are generally reluctant to disrupt arrangements that have provided consistency for the child.
The Guiding Principle: The Child’s Best Interests
Ultimately, every parenting determination is grounded in the child’s best interests. Courts may consider:
- The child’s age and stage of development
- The child’s views and preferences (where appropriate)
- The stability of the current arrangement
- Any history of family violence
- The importance of preserving a stable status quo
Sole decision-making is not about rewarding or punishing a parent. It is about ensuring that major decisions affecting a child are made in a manner that promotes safety, stability, and long-term well-being.
No. It relates only to major decisions. Parenting time may still be shared.
Not necessarily. Courts look at whether the conflict makes joint decision-making unworkable and harmful to the child.
Yes. If circumstances significantly change and it is in the child’s best interests, a court may vary the order.
Key Takeaways
- Sole decision-making may be ordered when joint decision-making is not workable or not in the child’s best interests.
- Courts focus on safety, stability, and the child’s overall well-being.
- Parenting time and decision-making responsibility are separate legal concepts.
- The child’s best interests remain the central guiding principle.
