Who chooses the school? Who can agree to treatment? Who handles the ordinary decisions during a child’s stay? In Canada, the answers depend on the applicable law and your parenting arrangement. The federal Divorce Act separates major decisions from day-to-day care.
Canada · Checked 17 September 2026
The Divorce Act governs parenting orders in divorce proceedings. Provincial or territorial law generally applies when parents were not married or separate without applying for divorce. The terminology and procedure can differ.
Start with your order or agreement rather than assuming “shared parenting” gives a complete answer. Older Divorce Act orders using custody and access remain relevant; the change in legal terminology in 2021 did not automatically cancel them.
Under the Divorce Act, decision-making responsibility covers significant questions about the child’s well-being. These include education, health, language, culture, religion and significant extracurricular activities.
Responsibility may be allocated to one parent, shared, or divided by subject. For example, an order can explain who decides about education and how health decisions are made. Read the actual wording; equal parenting time does not necessarily mean equal authority over every major decision.
Parenting time is time when a person is responsible for the child. It includes time when the child is at school or daycare, not only hours spent face to face.
Unless a court orders otherwise, the person exercising parenting time makes ordinary day-to-day decisions during that time, such as meals and bedtime. Choosing dinner is different from deciding to change school or undertake significant treatment.
Do not use the child to obtain a signature, negotiate consent or carry disagreement between homes.
Negotiation or mediation may help when appropriate and safe. A mediator supports discussion but does not decide the issue. A court can make or change a parenting order when the legal requirements are met, based on the child’s best interests.
Where there is family violence or coercion, explain it before being directed into a joint process. The Divorce Act recognises that requiring parents to cooperate may be inappropriate in those circumstances.
Bring your existing document and one clearly described question to a family justice information service or legal adviser. “Our order says this; we disagree about this school decision” is easier to act on than trying to solve every parenting problem at once.
This guide explains general rules and services. It does not assess your individual case.
Information checked on 17 September 2026.
Based on the original article by Elisabeth Scholander.
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