What is the test for splitting decision-making responsibility between two parents?

Ontario, Canada


The following excerpt is from Hennessy v. Brockett, 2021 ONSC 8280 (CanLII):

Moreover, split (or allocated) decision-making responsibility is difficult when the children reside primarily with one parent, or when parents are plagued by an inability to communicate effectively. (Moreton v. Inthavixay, [2021] O.J. No. 2166 at para. 47)

That noted, an order granting one parent decision-making responsibility does not come with a carte-blanche right to ignore the views and opinions of the other parent. Meaningful consultation and informed input must be sought before a decision is to be made. Good faith discussions with a view to a joint decision must occur before a decision is reached, by whatever means. (See, for example, McBennett v. Danis, [2021] O.J. No. 2796 at para. 380.2). That is what occurred when the parties addressed the children’s ball hockey and dance lessons.

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