Can I Get Sole Decision-Making Just Because I Want to Immigrate with My 2-Year-Old? | Chinese-Speaking Divorce Lawyer in Toronto
In short
- No. Shared care and no evidence of abuse means joint decision-making.
- Every trip abroad needs written consent. A permanent move is a different process.
- A toddler's views carry no weight. Adolescence is when the court may listen — and even then, it may not follow.
- Verbal promises do not count. Put it in a written agreement, signed by both, with a lawyer on each side.
No. When both parents are actively raising the child and there is no evidence of abuse, the court orders joint decision-making. Every trip abroad requires the other parent’s written consent. A two-year-old does not get a say — that waits until adolescence, and not every teenager gets one either. Verbal promises mean nothing; put it in a written agreement.
1. Shared Care Means Joint Decision-Making
The court looks only at the best interests of the child. Both parents are involved, the child is bonded with both, and there is no evidence of abuse or family violence — the court will not shut the other parent out of major decisions.
Sole decision-making is not a reward. Courts grant it only when joint decision-making cannot work: abuse, or conflict so severe the parents cannot communicate at all. Without that, joint decision-making is the default.
“Wanting to immigrate” is not a ground. If anything, it cuts the other way: the more you plan to take the child away, the more the court protects the other parent’s say in major decisions.
2. Every Trip Abroad Needs Written Consent
Under joint decision-making, every trip outside the country requires the other parent’s written consent. Each trip — there is no once-and-for-all consent. Passport applications need both parents’ signatures too.
A permanent move, such as immigrating to another country, is a separate legal process with its own notice and objection procedure. One consent letter does not cover it.
3. A Toddler Does Not Get a Say
Under the Divorce Act, a child’s views are given weight according to age and maturity. A two-year-old’s views carry no weight.
Views are taken seriously only from adolescence onward — and not every teenager gets to decide. The judge assesses the child’s maturity and independence. Being twelve does not mean choosing where to live or whether to move abroad. The judge listens, but does not necessarily follow.
4. Verbal Deals Do Not Count
“Give me the property and I’ll give you sole decision-making” — said today, changed tomorrow. Verbal promises do not stand up in court and can be taken back at any time.
To make the other side’s concessions enforceable, put them in a written domestic contract: a separation agreement, signed by both, with each side having their own lawyer. That is what the court recognizes.
What to Do
Do not count on securing sole decision-making as a stepping stone to immigration. Without evidence of abuse, and with both parents sharing care, that path does not work.
Get written consent well before each trip, and keep records.
Write down every verbal promise immediately — but get it into a formal agreement in the end.
If immigration is the goal, get legal advice on the relocation process before making plans, not after the move.
Questions about immigrating with a child, or sole decision-making? Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.
This article is general legal information, not legal advice, and does not create a lawyer-client relationship.
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Mandarin & English · Woodbine & Steeles, on the Markham–Toronto line (Highway 404 Steeles exit) · Toronto · North York · Scarborough · all Ontario
