Effective March 1, 2021, the term “custody” has changed to “decision making responsibility” and the term “access” has changed to “parenting time.”
Decision-making responsibility and parenting time is decided based on what is in the “best interests of the children.”
Decision-making responsibility: means the responsibility for making important decisions about your children’s well-being. This includes decisions about their:
- health care
- education
- culture, language, religion or spirituality
- significant extra-curricular activities
The decision-making arrangement between you and your former spouse can be made in various ways, the most common being:
Sole Decision - Making – One parent will make the major decisions.
Joint Decision - Making – You and the other parent will consult each other and make major decisions together.
NOTE: (Courts are usually reluctant to grant joint decision-making to parties who are unable to cooperate well or if there is a power imbalance due to abuse as this may expose your children to further conflict).
Divided (parallel) Decision-Making: You are responsible for some of the major decisions (for example, on health and religion), and the other parent is responsible for other decisions (for example, on education and extra-curricular activities).
Split Decision-Making: You are responsible for making major decisions for one or more of the children and the other parent has decision-making responsibility for the other children. It is important that you carefully consider which of the above approaches is most appropriate in your circumstance, considering the best interest of your children.
Parenting time: Parenting time is the time that the child spends in your care, irrespective of whether the child is physically with you during that time (for example, if the child is at school). It also includes the right to make inquiries, and to be given information as to the health, education, and welfare of the children.
Each parent has a right to have parenting time with the child, unless the court decides that it is not in the child’s best interest to do so. It does not encompass the right to make fundamental decisions about the child’s upbringing, which is a right that comes with decision-making responsibility.
A parenting time schedule should be incorporated into a comprehensive “parenting plan” where it is clear how much time the children will generally spend with each parent.
It is prudent that parties craft a parenting plan that describes how parents will care for and make important decisions about their children after separation. Parties have the flexibility to create a parenting plan that works for them; however, it should always focus on what is in the best interests of your children.