Navigating a separation or divorce is an overwhelming experience for all parties involved. A reoccurring source of stress for many clients tends to stem from confusing legal terms used (also known as “Legalese”). At Delaney’s Law Firm, one of our goals is to help families understand their rights and responsibilities in clear and simple language.

Two key concepts in family law that often confuse people are “decision-making responsibility” and “parenting time”. These terms replaced what used to be called “custody” and “access” under Canada’s Divorce Act, but they cover similar ground.

What is Decision-Making Responsibility?

Decision-making responsibility refers to a parent’s right to make major and day-to-day decisions about their child’s life.

Examples of major decisions include:

  • Education (e.g., what school the child will attend)
  • Health care (e.g., major medical treatments or procedures)
  • Religion and spiritual upbringing
  • Cultural activities and extracurriculars

Day-to-day decision-making responsibility involves the parent with whom the child is residing with at the time.

Examples of day-to-day decisions include:

  • Diet (e.g., what the child will eat)
  • Health care (e.g., treatment of minor health problems and injuries, like a small cut or tummy ache)
  • House Rules & Discipline
  • Bed-Time Routines

Types of Decision-Making Responsibility:

  1. Sole Decision-Making Responsibility
    • One parent has the authority to make all major decisions for the child.
    • The other parent may still have parenting time, but they don’t have a say in these key areas.
  2. Joint Decision-Making Responsibility
    • Both parents work together to make major decisions.
    • This requires good communication and a willingness to collaborate.
  3. Parallel Decision-Making
    • Each parent is responsible for different types of decisions.
    • For example, one parent might handle health decisions, while the other makes decisions about education.

What is Parenting Time?

Parenting time is the time a child spends in the care of each parent. During parenting time, a parent is responsible for day-to-day decisions and caring for the child’s needs (meals, bedtime, homework, etc.).

Types of Parenting Time:

  1. Shared Parenting Time
    • The child spends at least 40% of the time with each parent.
    • This is common when both parents are actively involved in the child’s life.
    • A typical shared parenting schedule is “2-2-3”, broken down as follows:
      1. Parent A: Monday & Tuesday
      2. Parent B: Wednesday & Thursday
      3. Parent A: Friday – Sunday
      4. Parents alternate schedule.
  1. Primary Parenting Time
    • The child lives primarily with one parent, and the other parent has scheduled time (weekends, holidays, etc.).
    • The primary parent usually has the child for more than 60% of the time.
  2. Split Parenting Time
    • This is rare, but can occur when there are multiple children, and each parent has primary care of at least one child.

Creating a Parenting Plan

Parents are encouraged to create a Parenting Plan, which outlines:

  • How decisions will be made;
  • The schedule of parenting time including how the parents will divide holiday schedules;
  • How parents will communicate; and
  • How changes or disputes will be handled.

Parenting plans can be customized to fit your family’s needs and can be formalized in a separation agreement or court order.

Final Thoughts

Every family is different, and the courts prioritize the best interests of the child in every decision. Understanding the terms and your options can help reduce stress and create a more stable environment for your children.

If you’re going through a separation or divorce, our team is here to help you understand your rights and develop a parenting arrangement that works best for your family.

Need help with a parenting plan or custody issue? Contact Delaney’s Law Firm to schedule a consultation with one of our experienced family lawyers.