Sole vs. Joint Decision-Making Responsibility in Ontario: What Parents Need to Know
When parents separate or divorce in Ontario, one of the most pressing questions is who will make decisions about the children — and how much time each parent will spend with them. Ontario courts can order either sole custody or joint custody, and understanding the difference is essential before entering negotiations or court proceedings.
What Does “Custody” Mean in Ontario?
In Ontario family law, custody refers to the legal authority to make major decisions about a child’s life — including decisions about education, healthcare, religion, and extracurricular activities. Custody is distinct from parenting time (formerly called “access”), which refers to the time a child physically spends with each parent.
Note on terminology: Since the federal Divorce Act amendments that came into force in March 2021, the terms “decision-making responsibility” and “parenting time” have replaced “custody” and “access” in cases governed by the Divorce Act. Ontario’s Children’s Law Reform Act (CLRA) continues to use the term “custody.” Both sets of terminology remain in use depending on your situation, and Anna Boulman can advise you on which law applies to your case.
Sole Custody
Sole custody means that one parent has the exclusive legal authority to make major decisions about the child. The other parent may still have significant parenting time with the child, but does not have an equal say in major decisions.
Courts in Ontario may order sole custody where:
- The parents are unable to communicate or cooperate effectively on child-related decisions
- There is a history of domestic violence or abuse
- One parent has been largely absent from the child’s life
- High conflict between parents makes joint decision-making impractical or harmful to the child
Having sole custody does not automatically mean the other parent loses parenting time. In most cases, the non-custodial parent continues to see the child regularly. Parenting time arrangements are addressed separately from custody.
Joint Custody
Joint custody means that both parents share the legal authority to make major decisions about the child. It requires a reasonable level of cooperation and communication between parents, as both must be involved in decisions about schooling, medical care, and other significant matters.
Important points about joint custody:
- Joint custody does not mean equal time — a child may live primarily with one parent while both parents share decision-making authority
- It requires parents to consult each other and reach agreement on major decisions
- Courts are increasingly likely to order joint custody where both parents are actively involved and capable of working together
- If one parent consistently undermines joint decision-making, the court may revisit the arrangement
Joint Custody vs. Shared Parenting Time
These two concepts are often confused. Joint custody is about legal decision-making; shared parenting time is about where the child lives and how time is divided. A family can have:
- Joint custody with primary residence — both parents make decisions together, but the child lives mainly with one parent
- Joint custody with equal parenting time — both parents make decisions together and the child spends roughly equal time with each
- Sole custody with shared parenting time — one parent makes decisions, but the child spends significant time with both
The arrangement that works best depends on your family’s specific circumstances, the child’s age and needs, and each parent’s ability to cooperate.
How Does the Court Decide?
Whether ordering sole or joint custody, Ontario courts apply a single overriding test: the best interests of the child. This is set out in subsection 16(3) of the Divorce Act and section 24 of the Children’s Law Reform Act.
Factors the court considers include:
- The child’s own needs, views, and preferences (given their age and maturity)
- Each parent’s ability to care for the child and support their relationship with the other parent
- The nature and history of each parent’s involvement in the child’s life
- The stability of each parent’s home environment
- Any family violence or abuse — the court takes this very seriously
- Sibling relationships and the child’s cultural and linguistic background
- The willingness of each parent to facilitate the child’s relationship with the other
Parental Conduct and Its Role
A parent’s general conduct is not automatically relevant to custody. As set out in subsection 16(9) of the Divorce Act and subsection 24(3) of the CLRA, a parent’s conduct will only be considered if it is directly relevant to their ability to act as a parent.
However, a history of family violence is specifically addressed in the 2021 Divorce Act amendments and is a significant factor the court must weigh. Courts look at patterns of coercive and controlling behaviour, not just isolated incidents.
Can a Custody Order Be Changed?
Yes. If circumstances change significantly after a custody order is made, either parent can apply to the court to vary (change) the order. Common reasons for variation applications include:
- A parent relocating
- A significant change in a parent’s work schedule or living situation
- The child’s needs or preferences changing as they grow older
- A breakdown in cooperation between parents
Courts will only change a custody order if there has been a material change in circumstances since the original order was made.
Getting the Right Arrangement for Your Family
Custody decisions are among the most important — and emotionally charged — issues in any separation. Whether you are negotiating a parenting plan directly with your spouse, working through a collaborative law process, or preparing for court, having experienced legal guidance makes a significant difference.
Anna Boulman has helped hundreds of parents in Oshawa, Durham Region, and across the GTA navigate custody and parenting arrangements. She takes the time to understand your family’s situation and works to find solutions that protect your children’s wellbeing and your parental rights.
Contact Boulman Family Law for a confidential consultation.
The information on this page is for general informational purposes only and does not constitute legal advice. Every family situation is unique. Please contact our office to discuss your specific circumstances.