Joint decision-making responsibility

Parents who have joint decision-making responsibility for their children:

• share the right to make important decisions about their care
• remain involved in making decisions about the children

For joint decision-making responsibility to work, parents must be able to co-operate and communicate with each other even though they are not together.

De facto decision-making responsibility

De facto decision-making responsibility is when your children live with you, but you don’t have a legal decision-making responsibility arrangement.

You have de facto decision-making responsibility if:

• you and your spouse (whether married or common law) live separate and apart and your children live with you full-time
• your spouse has accepted this arrangement

If you have de facto decision-making responsibility, then your spouse cannot exercise their decision-making responsibility until a separation agreement or court order provides otherwise. It will be more difficult for you to enforce your decision-making responsibility rights if you do not have them clearly set out in a court order or agreement, especially if you and your spouse disagree on what the decision-making responsibility arrangements have been.

You will have legal decision-making responsibility either:

• when you and your spouse sign a separation agreement that says you have decision-making responsibility
• when a court order says you have decision-making responsibility

Parenting time

Parenting time refers to the time your child spends in your care, regardless of whether the child is physically with you during that time (for example, if the child is at school). You have the right to:

• parenting time, unless the court decides it is not in the child’s best interest
• know information about your children’s health, education and general situation

Only parents can apply for parenting time. Non-parents will need to apply for a contact order.

Parenting time arrangements:

• can be written out in detail in a parenting plan, separation agreement or court order
• could state that, for example, the children would be with you every other weekend, or some other arrangement such as the children live at least 40% of the time with each parent (known as shared parenting time)
• could be open, letting you work out arrangements with the other parent in a more flexible way (it is difficult to enforce this kind of parenting time arrangement)
• do not give the parent without decision-making responsibility the right to be part of decisions about the children’s health, education and general situation

A court may refuse you parenting time with your children if there is a fear that:

• you will harm them
• you will harm the parent with decision-making responsibility
• you will not return the children to the other parent

Shared parenting time

Parents who have shared parenting time share the amount of time spent with the child. Under the Child Support Guidelines, shared parenting time is where a child lives at least 40% of the time with each parent.

Split parenting time

Split parenting time is when parents have more than one child and each parent has one or more children living with them for most of the time.

Supervised parenting time

Supervised parenting time can be arranged if there are safety concerns during visits, or when children are exchanged between parents. When a supervised parenting time arrangement is in place, someone else must be present when you visit with your children.

Supervised parenting time can provide a neutral and safe setting for visits between children and a parent, or other family member who does not have decision-making responsibility. Parents can agree on a supervised parenting time agreement, or it can be required by the court.

The person supervising a parenting time visit could be:

• a friend or relative the parents agree on
• a paid professional, such as a social worker
• a trained professional or volunteer at a Supervised Access Centre

Ministry-funded Supervised Access Centres provide:

• fully supervised on-site visits in a group setting
• supervised exchanges when parenting time occurs off-site

Supervised Access Centres provide a setting where visits and exchanges can take place under the supervision of trained staff and volunteers in a safe, neutral and child-focused environment. Children’s Aid Societies may also provide supervised parenting time services for children in their care.

A parenting order is a court order that sets out decision-making responsibility or parenting time in respect of a child and can be enforced by the court. If you need a parenting order, there are certain steps you need to take and forms you need to fill out.

You may want to speak to a lawyer about whether you need a parenting order because you may be able to resolve these issues without going to court.

You might need a parenting order if:

• you are not living with your child’s other parent and have not been able to negotiate or mediate parenting time or decision-making responsibility arrangements
• you are looking after a child whose parents have died or are unavailable, unable or unwilling to care for the child

You might need a court order to prove you have decision-making responsibility if you have to:

• register a child for school
• consent to medical treatment
• obtain benefits for the child
• apply for a passport

You are a parent of the child if you are:

• The person who gives birth to a child unless they are a surrogate.
• Where a child is conceived through sexual intercourse, the person who is married to or living with the person who gives birth to the child at the time that the child is born
• The person certified as a parent of the child under the Vital Statistics Act
• A person recognized by a court as a parent to the child under the Children’s Law Reform Act

There are many other factors that may determine whether you are a parent under Ontario law. If you need more information about whether you are a parent for the purposes of making a parenting order, it is best to speak with a lawyer.

When you are not the parent

A person who is not the parent of a child may still apply to the court for a parenting order regarding decision-making responsibility or contact with a child.

You will need to submit the following forms:

• General application (Form 8 )
• Affidavit (decision-making responsibility, parenting time, contact) (Form 35.1, parts A and B )
• Children’s Aid Society Report on Records
• Affidavit for child protection (Form 35.1A child protection information) – only if you, the other party or the children have been involved in a child protection court case or received child protection services at any time
• police record check

Get a decision-making responsibility, parenting time or contact assessment

An assessment is a report prepared by an assessor, to help you, your spouse (whether married or common law) and the court make decisions about:

• decision-making responsibility
• parenting time
• contact with a child

Decision-making responsibility, parenting time and contact assessors can be psychologists, social workers, psychiatrists, or mental health professionals.

Decision-making responsibility, parenting time and contact assessments are usually ordered by a judge to help them decide what is in the best interests of your child. You and your spouse could agree to arrange a private assessment, at a cost.

During an assessment

During an assessment, the assessor:

• will interview the parent, any person applying for contact and children, individually
• will observe each parent or person applying for contact with the children
• may contact other family members, new partners, teachers or medical professionals

Once the assessment is complete

Once the assessment is complete, the assessor will prepare a report that includes recommendations, for example:

• how decisions about the children should be made
• where they should live
• the time that they should spend with each parent or person applying for contact