Sole Decision-Making vs. Sole Custody: Understanding Your Rights
The law has changed, but the need to protect your child hasn't. How to secure the legal authority to make major decisions when co-parenting is impossible.
Legal Review: This custody guide was reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the Divorce Act amendments regarding Decision-Making Responsibility (2026).
Is 'Sole Custody' Still a Thing?
Legally, the term 'Custody' has been removed from the Divorce Act and Children's Law Reform Act to reduce conflict. It is now called Sole Decision-Making Responsibility.
However, the power is the same. It grants one parent the final authority to make major decisions regarding the child's Health, Education, Religion, and Significant Activities.
Crucially, having Sole Decision-Making does not automatically mean you have the child 100% of the time; the other parent is usually still entitled to 'Parenting Time'.
When Will a Judge Grant Sole Decision-Making?
Courts prefer Joint Decision-Making. To win Sole, you must prove one of these factors:
High Conflict / Deadlock
If parents cannot communicate respectfully or agree on anything, Joint Decision-Making is functionally impossible. The court will choose one leader to break the deadlock.
Abuse & Safety
If there is a history of domestic violence or coercive control, the court will not force the victim to negotiate with the abuser.
Parental Incapacity
If a parent suffers from untreated addiction or severe mental health issues that impair judgment, they cannot be entrusted with critical decisions.
Lack of Involvement
If a parent has never attended a parent-teacher interview or doctor's appointment, the court is unlikely to give them veto power over those decisions now.
What Exactly Do You Control?
Major Decisions (Sole Authority)
Health
Surgery, vaccinations, therapy, orthodontics.
Education
Choice of school, French Immersion vs. English, Special Ed.
Religion
Religious upbringing, rites of passage.
Extra-Curriculars
Competitive sports or expensive activities that affect the schedule.
Day-to-Day Decisions (Both Parents)
Even if you have Sole Decision-Making, the other parent decides routine matters during their time:
- What the child eats for dinner.
- Bedtime routines.
- Emergency medical treatment (going to ER).
How to Secure the Order
Evidence of Conflict
We gather emails/texts showing the other parent obstructing decisions (e.g., refusing to sign a consent form for needed surgery).
The Application
We file a court application specifically requesting 'Sole Decision-Making' based on the 'Best Interests of the Child' test.
Interim Motion
If a decision is urgent (e.g., school registration deadline), we argue a motion to get temporary decision-making power immediately.
Final Order
The judge grants the order. You can then provide this document to schools and doctors so they know they only need *your* signature.
Sole Decision-Making FAQs
Deepa Tailor
Senior Family Lawyer
Deepa Tailor is the founder of Tailor Law. She specializes in securing Sole Decision-Making orders for parents dealing with high-conflict ex-partners who use 'joint custody' as a tool for control.
View Full BioStop the Deadlock. Take Control of Decisions.
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