What is the difference between decision-making responsibility and parenting time?
Decision-making responsibility (formerly custody) is the authority to make major decisions about a child life: education, health care, religion, and extracurricular activities. Parenting time (formerly access) is the time a child spends with each parent. The two are separate — joint decision-making does not mean equal time.
Key Points
Decision-making responsibility: authority over major life decisions for the child (education, health, religion).
Parenting time: the schedule of when the child is with each parent. These two concepts are independent of each other.
Detailed Answer
The 2021 amendments to the 《Divorce Act》 replaced the terms custody and access with decision-making responsibility and parenting time. The change reflects a shift in focus from parental rights to parental responsibilities.
Decision-making responsibility refers to the authority to make significant decisions about a child upbringing: which school they attend, what medical treatment they receive, what religion they are raised in, and what extracurricular activities they participate in. This can be held solely by one parent (sole decision-making) or shared by both parents (joint decision-making).
Parenting time refers to the schedule of when the child physically lives with or is in the care of each parent. Common arrangements include primary residence with one parent and scheduled time with the other; week-on/week-off alternating schedules; or customized arrangements based on each family specific circumstances.
Critically, decision-making responsibility and parenting time are separate concepts. A child can live primarily with one parent while both parents share decision-making responsibility. Or one parent may have sole decision-making while the other has substantial parenting time. The arrangement depends on what serves the child best interests.
For advice on what parenting arrangement is most likely to be appropriate in your case, contact Miao He at 647-930-6688.
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