What’s the Difference Between Child Custody, Parenting Time, and Decision Making?

If you’ve just started researching for a potential separation and divorce as a parent, you might have seen the terms – child custody, parenting time, and decision making responsibility repeatedly. While their meaning is quite similar, in family law each serves a different purpose. 

Until 2011, child custody was used to describe both parenting time and decision making responsibility. The term “child custody” is no longer used. The Canadian government made this change to reduce the confusion and accommodate modern parenting agreements.  

Parenting time , previously known as “access,” refers to the actual time a parent spends with the child. It also includes details about visitation schedules and overnight stays. If the child spends more time with one parent doesn’t directly mean they have more decision-making responsibility. 

In Ontario, courts encourage both parents to be equally involved in their child’s life unless there are safety concerns. Typically, the court sets out instructions for: 

• Weekday visits
• Weekend visits
• Holidays and special occasions (e.g., birthdays, Christmas, and important dates)

If one parent has sole custody, the other parent is still entitled to regular parenting time, unless it isn’t in the child’s best interest. 

Decision-making responsibility refers to the legal authority to make important decisions about the child’s welfare. While it may sound like child custody, decision-making is more about the power a parent has in directing the child’s future. 

Decisions that are your responsibility include: 

• Education : Where the child will attend school, their educational choices, and any learning needs they may have.
• Health : Choices about medical treatment, healthcare providers, and general health concerns. 
• Religion : Religious upbringing, practices, and beliefs.
• Extra-curricular Activities : Decisions about sports, hobbies, and any other activities including summer camp. 

Parents who share decision-making responsibilities need to agree on these major life choices. The court will grant you shared responsibility, only if you’ve had an amicable divorce and agree to co-parent together. 

If one parent has sole decision-making authority , they don’t need the other parent’s approval. 

Parenting time focuses on when you spend time with your child, while decision-making responsibility focuses on the authority to make decisions about specific aspects of the child’s life. If parents share custody, they have equal decision-making responsibilities. On the other hand, in a sole custody setup, only one parent makes decisions, but the other parent has a fixed parenting time. 

Family courts in Ontario prioritize your child’s best interests. Some factors that play a role include: 

• Child’s Needs : What arrangement will best support the child’s emotional, physical, and educational development? For example, younger children need their mothers more than fathers, so the court might give more parenting time to the mother. 
• Parent-Child Relationship : Does the child have a strong bond with both parents? Which parent is more involved in their day-to-day routine? Has either of the parents put the child in harmful situations? 
• Parenting Ability : Can both parents provide a safe, stable, and loving environment? Does the parent struggle with substance abuse or mental health issues that can impact their parenting role? 
• Cooperation : Are the parents willing and able to communicate to work together in the child’s best interest? 
• Child’s Preferences : Children who are teenagers may get a say in creating both these agreements. 

Our family lawyers at Sterling Law have experience handling simple to complex custody cases. Please reach out to book a free consultation (15 minutes only).

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