What is Parenting Time & Decision-Making?

This article is a brief and general overview about Parenting Time & Decision-Making. Decision-Making responsibility refers to a parent's authority over their child's long term, life-shaping choices such as schooling, non-routine medical care, religious/cultural upbringing, and major extracurricular commitments. Both parents have the right to decision-making responsibilities for their child, and decision-making responsibility can be shared jointly between two parents, or can be awarded to one parent depending on the situation. It is also important to note that Decision-making responsibility is not about where the child lives, but rather, focused on the best interests of the child with regards to the child's life.  ​​​​​

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Parenting Time refers to the time a child spends in the care of a parent, whether at home, at school, or on vacation. Parents have the right to parenting time with their children. During this time, the parent is able to make the day-to-day decisions about meals, bedtime, homework, and activities unless a court order or written agreement says otherwise.

 

It is important to note that every parenting arrangement whether it is negotiated by the parents or imposed by a judge must satisfy the 'best interests of the child' test. For this legal test, the court takes into consideration a variety of factors including the child's safety, emotional ties, cultural identity, and each parent's ability to meet the child's needs while supporting a healthy relationship with the other parent. Importantly, parenting time cannot be withheld to punish missed support payments. 

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What laws apply to Parenting Time & Decision-Making?​​​​

The Divorce Act, and Family Law Act, are the relevant laws that apply to Parenting Time & Decision-making responsibilities.​​​

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Important FAQs: 

​1. Does equal parenting time mean 50/50 overnight splits? ​

Not necessarily. 'Equal' simply means that each parent has enough time to foster a strong relationship with their child, but the exact schedule for parenting time must suit the best interests of the child. 

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2. Which parent decides the day-to-day matters like homework or bedtime?​

Both parents are entitled to parenting time with their child. The parent who has the child during that block of parenting time will be responsible for decision-making on matters like homework or bedtime, unless there is a court order or written parenting agreement that outlines parenting time differently. 

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3. What happens if we disagree on vaccines or a school choice for our child?​

If the decision-making responsibility is joint, both parents must try to agree (often via mediation) on a decision, but if they are unable to jointly agree on a decision, then either parent can ask the court for an order on that specific issue. 

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4. Can parenting time be withheld from the other parent if they miss support payments?​

No. Parenting time cannot be withheld from the other parent even if they miss paying their support payments. Child support and parenting time are two different issues, and withholding the child from the other parent deprives the child and is not in the child's best interest. This 'punishment' can potentially backfire in court as well. 

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