Parenting Time vs. Decision-Making Responsibility: What’s the Difference?

New Terms, Same Important Concepts

When Canada’s Divorce Act was updated in 2021, the language used to describe parenting after separation changed significantly. The terms “custody” and “access” — which had been in use for decades — were replaced with “decision-making responsibility” and “parenting time.” Ontario’s provincial laws followed suit shortly after.

These changes were not just cosmetic. They reflect a shift in how courts and lawmakers think about parenting after separation, emphasizing cooperation, shared responsibility, and the child’s perspective. Here is what the new terms mean and why the distinction matters.

Parenting Time: Where the Child Lives and Spends Time

Parenting time refers to the time a child spends physically in the care of each parent. During parenting time, that parent is responsible for the child’s day-to-day care — meals, school drop-offs, bedtime routines, supervising homework, and making routine decisions about the child’s daily activities.

Parenting time schedules can take many forms. Some families opt for an equal division of time, while others have one parent as the primary residence and the other parent has regular weekday or weekend time. The schedule should reflect the practical realities of work, school, and the child’s needs.

Decision-Making Responsibility: The Big Decisions

Decision-making responsibility is the legal authority to make significant decisions about a child’s upbringing. These decisions are typically grouped into a few main categories:

• Education: choice of school, special education needs, post-secondary planning
• Healthcare: medical and dental treatment, mental health care, surgical decisions
• Religion and culture: religious upbringing and significant cultural practices
• Significant extracurricular activities: especially those involving substantial time or financial commitment

Decision-making responsibility can be allocated in different ways. The most common arrangements are:

• Joint decision-making — both parents share the authority and must agree on major decisions
• Sole decision-making — one parent has full authority over major decisions
• Split decision-making — different parents have authority over different categories (e.g., one parent decides on healthcare, the other on education)

The Key Distinction

Parenting time and decision-making responsibility are separate legal concepts. A parent can have substantial parenting time but no decision-making responsibility, or vice versa. For example, one parent may have the child the majority of the time but still share equal decision-making authority with the other parent. The two issues are evaluated independently based on the child’s best interests.

Day-to-Day Decisions

During each parent’s parenting time, that parent has the authority to make routine day-to-day decisions for the child — what they eat, what time they go to bed, what activities they do that afternoon — without needing to consult the other parent. The other parent’s decision-making authority comes into play only for the major, longer-term decisions described above.

How These Issues Are Decided

Ideally, parents negotiate their own arrangement and put it in a written parenting plan or separation agreement. When they cannot agree, the court decides based on what is in the child’s best interests. Factors include:

• Each parent’s ability to make decisions in the child’s interest
• History of cooperation between the parents
• Whether there is family violence or high conflict
• Each parent’s willingness to support the child’s relationship with the other parent
• Practical considerations like geography and work schedules

Why the New Language Matters

The shift from “custody” to “decision-making responsibility” was deliberate. The word “custody” implied ownership or possession of the child and was often perceived as something one parent “won” and the other “lost.” The new language is intended to reduce conflict, encourage cooperation, and remind everyone — including the courts — that the focus must remain on the child’s wellbeing rather than on parental rights.

Why This Matters to You

Whether you are negotiating a parenting plan, modifying an existing arrangement, or preparing for court, understanding the distinction between parenting time and decision-making responsibility is essential. The right combination for your family will depend on your unique circumstances.

At Soica & Associates, our Toronto family lawyers help parents craft thoughtful parenting plans tailored to their children’s needs.

This article is intended for general informational purposes only and does not constitute legal advice. Laws may change, and outcomes vary depending on individual circumstances. Please consult a qualified family law lawyer at Soica & Associates for guidance specific to your situation.