PARENTING DECISION-MAKING

One of the most contentious issues that arise during a separation or divorce is child-related decisions, including:

Where will the child live?
How much time will each parent spend with the child?
How will parents make major decisions about the child?

Decision-making responsibility is the right to make significant decisions about a child life and well-being. Decision-making responsibility was formerly referred to as ‘custody’.

The parent with decision-making responsibility has the right to make important decisions about:

The child’s education
The child’s medical care
The child’s religion

Decision-making responsibility can be arranged many ways, including:

One parent has sole the decision-making responsibility, and may or may not need to consult the other parent prior to making any major decisions for the child;
Both parents have decision-making responsibility and share the right to make important decisions for the child; or
Each parent is responsible for different areas of decision-making. For example, one parent makes decisions about the child's health and another parent makes decisions about the child's education

We have helped hundreds of clients resolve parenting disputes through parenting plans or litigation.

FAQs

1. What is Parenting Decision Making Responsibility?

It refers to the authority to make important decisions about a child's upbringing, including education, health and religion.

2. Who typically has Parenting Decision Making Responsibility?

It is usually held by both parents (joint decision-making) or by one parent (sole decision-making).

3. What happens if parents cannot agree on decisions regarding the child?

If parents cannot agree, a court may intervene to make a decision based on the child's best interests.

4. Can Parenting Decision Making Responsibility be modified?

Yes, parenting arrangements, including decision-making responsibility, can be modified if there is a significant change in circumstances or if it is in the child's best interests.

5. Do grandparents have a say in Parenting Decision Making Responsibility?

In some cases, grandparents may seek involvement or input in decision-making, particularly if they have a significant relationship with the child and it is in the child's best interests.

6. How can legal advice help in understanding Parenting Decision Making Responsibility?

Seeking legal advice can provide clarity on rights and responsibilities concerning decision- making for parents, ensuring decisions are made in compliance with legal requirements and in the child's best interests.