Blog

When a relationship ends, there are many difficult and emotional issues to navigate, especially when there are children involved. One of the most significant concerns for separating parents is how decisions about their children will be made going forward. Who has the right to make choices for their children regarding education, medical care, religious upbringing, and other important matters that affect the child’s daily life and their long-term wellbeing?

In Saskatchewan, these rights and responsibilities related to major decisions about children are now referred to as “decision-making responsibilities” rather than “custody”. This change in terminology reflects a shift toward a child-centered approach, focusing on the child’s best interests in each situation rather than concentrating solely on the rights of parents. Whether parents can reach an agreement regarding decision-making responsibility or need the Court’s assistance in determining the decision-making responsibility that is in the best interests of the child, understanding the legal obligations and responsibilities associated with decision-making responsibility is essential to making informed choices and ensuring stability for your child or children.

What is decision-making responsibility?

Decision-making responsibility refers to a parent’s responsibility or authority to make major decisions about, and on behalf of, their child. This includes matters related to a child’s schooling and education, healthcare, religion, culture, language, spirituality, and significant extracurricular activities. Decision-making responsibility may be held solely or jointly.

Sole decision-making responsibility affords one parent the exclusive legal authority to make significant decisions related to and for their child. While the other parent who does not have decision-making responsibility may still have parenting time and may be consulted about major decisions regarding their child, they do not have the legal right to make or veto any major decisions. This authority lies with the parent who holds sole decision-making responsibility.

Joint decision-making responsibility is the term used for parents who share the legal authority to make significant decisions for their child. When parents share joint decision-making responsibility for their child, they share the legal authority to make major decisions regarding their child together. These parents are legally obligated to consult with one another about major decisions affecting their child and to come to an agreement on such decisions. Joint decision-making responsibility requires parents to communicate and cooperate with one another on matters relating to their child.

Do parents automatically have joint decision-making responsibility for their children?

According to The Children’s Law Act, 2020, Saskatchewan parents hold joint decision-making responsibility for their children; however, if the parents never lived together after the birth of their child, the parent with whom the child resides holds sole decision-making responsibility. This is the case regardless of whether the parents are legally married, common law spouses, or were never in a spousal relationship.

Parents of a child may enter into an agreement that varies their status as joint legal decision-makers and/or specifies what powers and responsibilities either of the parents may have regarding decision-making responsibility. For instance, parents who never lived together after the birth of their child could agree to share joint decision-making responsibility for their child. Parents can also agree to share joint decision-making responsibility with one parent having final say over certain matters if consensus cannot be reached, such as healthcare related decisions.

Pursuant to The Children’s Law Act, 2020 and the Divorce Act, the Saskatchewan Court of King’s Bench has the authority to make parenting orders with respect to decision-making responsibility. When making decisions about children, such as decision-making responsibility or parenting time, the Court’s primary consideration is the best interests of the child.

Navigating decision-making responsibility can be a complex and challenging task after separation or divorce. Although decision-making responsibility can be shared between parents or held solely by one parent, the guiding principle remains the same: the best interests of the child. The goal is always to support the child’s stability, development, and wellbeing. If you have any questions or require further information regarding your particular situation, please contact us and Avenue Law LLP’s family law team would be happy to assist you.