Decision-making responsibility (formerly custody) is about making major decisions about how to care for and raise your children. These decisions could include:
Decision-making responsibility is not about where the child lives. For example you could have sole decision-making responsibility and are the only decision maker, but your child lives part of the time with your ex and part of the time with you.
People often get confused by decision-making responsibility and parenting time (formerly access by a parent). Parenting time is when you have the right to visit—or be visited by—your children. It also means the right to get information on your child’s health, education and well being. For more information, please visit the parenting-time page. Contact (formerly access by a non-parent) is when you have the right to visit—or be visited by—a child.
Sole decision-making responsibility One parent cares for and makes decisions about the children on their own. The other parent may or may not have parenting time with the kids. Joint decision-making responsibility Both parents make decisions about the children together. It has nothing to do with how much time the children spend with each parent. Shared decision-making responsibility This type of custody has nothing to do with decision‑making but focuses on which parent the child lives with and when because this impacts how child support is paid. Split decision-making responsibility When one parent has decision-making responsibility for one or more children and the other parent has decision-making responsibility for the other children.
The judge will use the “best interest of the child” test. The judge will look at:
Find out if you’re eligible for legal aid help.
There are lawyers at the courthouse called duty counsel. They can help you with:
There are Family Law Information Centres in most of the courthouses. A lawyer who can give you advice is known as family advice counsel. They can:
We may cover the cost of a lawyer to help with your decision-making responsibility case if:
If you are a grandparent seeking decision-making responsibility or contact and you are financially eligible, we may cover the cost of a lawyer who will decide if your case has a good chance of succeeding.
JusticeNet is a not-for-profit service that provides an easy-to-use online directory of legal professionals who offer services to eligible clients at reduced rates. There is a $25 registration fee to access the directory.
For more information visit their website at justicenet.ca.
You have to make the application for decision-making responsibility in the jurisdiction where your child usually lives.
You will need to complete the following forms:
Take at least three copies of all of your documents to the court clerks.
If you are going to the Ontario Court of Justice, go to the family counter.
If you are going to the Superior Court of Justice, take a number and go to the registrar’s office.
You will get your file number and a notice to attend a Mandatory Information Program session for both you and the other party. The session gives you an overview of family law issues and the family court process.
You can find more information on our page about starting a family court case.
You must get someone else to give a copy of all the documents that you have filed with the court as well as the Mandatory Information Program notice and give them to the other party. You cannot serve these documents. You must have someone who is at least 18 years old—this could be a friend or family member or a professional server—hand deliver a copy to your ex.
You will also have to file proof that you have given these documents to the other party. This is called an affidavit of service.
For more information, please visit serving family court documents.
Proof of service is known as an affidavit of service. It’s a document that shows that all the documents were successfully given to the other party.
The affidavit will list the time and date the documents were served, and also how it was served and who did the serving.
An affidavit of service is important. If the other party says they haven’t been notified, this affidavit proves that they were.
Include any supporting documents. For example, if you mail a claim by registered mail, print off the delivery confirmation including the signature verifying the receipt from the Canada Post website. If you send it by courier, include the delivery confirmation with signature provided by the commercial courier company.
This form needs to be signed in front of a notary or a commissioner for taking affidavits. There is a fee of $21 for this service. If you need help finding a commissioner or notary to do this service, ask the court clerk for help.
Make sure you come to the commissioner with ID and the unsigned document.
Take all of your original documents to the family court clerk and put them into your continuing record, which is a record kept at the courthouse with all of the documents that you have filed and want the court to look at.
You will have to update your table of contents, which is a list that includes every form and document that you have added to your court file.
If you’re unsure about anything, ask the clerk for help.
Do you want to separate from your partner? Need to decide decision-making responsibility, support or parenting time/contact? Contacted by Children’s Aid?