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 BioThe 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).
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'.
Courts prefer Joint Decision-Making. To win Sole, you must prove one of these factors:
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.
If there is a history of domestic violence or coercive control, the court will not force the victim to negotiate with the abuser.
If a parent suffers from untreated addiction or severe mental health issues that impair judgment, they cannot be entrusted with critical decisions.
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.
Surgery, vaccinations, therapy, orthodontics.
Choice of school, French Immersion vs. English, Special Ed.
Religious upbringing, rites of passage.
Competitive sports or expensive activities that affect the schedule.
Even if you have Sole Decision-Making, the other parent decides routine matters during their time:
We gather emails/texts showing the other parent obstructing decisions (e.g., refusing to sign a consent form for needed surgery).
We file a court application specifically requesting 'Sole Decision-Making' based on the 'Best Interests of the Child' test.
If a decision is urgent (e.g., school registration deadline), we argue a motion to get temporary decision-making power immediately.
The judge grants the order. You can then provide this document to schools and doctors so they know they only need *your* signature.
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 BioDon't let conflict paralyze your ability to protect your child's best interests.
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