Decision-Making Responsibility vs Parenting Time in New Brunswick
Decision-Making Responsibility vs Parenting Time in New Brunswick
One of the biggest sources of confusion for separating NB parents is understanding the difference between decision-making responsibility and parenting time. Under the 2021 reforms to both the federal Divorce Act and New Brunswick's Family Law Act, these are two separate legal concepts — and they can be arranged independently of each other.
A parent with majority parenting time doesn't automatically get sole decision-making authority. And parents who share decision-making equally don't necessarily split physical time 50/50.
Decision-Making Responsibility Explained
Decision-making responsibility is the legal authority to make significant, long-term decisions about your child in four areas:
- Health — choosing doctors, dental care, consenting to medical procedures, mental health treatment
- Education — which school the child attends, tutoring, special education services
- Culture, language, religion, and spirituality — religious instruction, cultural programming, language education
- Significant extracurricular activities — competitive sports teams, expensive lessons, travel commitments
This does not cover routine daily decisions. Bedtime, meals, what the child wears, homework help, and minor discipline are all handled by whichever parent has the child at that time.
Three Ways to Structure It
Joint decision-making — both parents must consult in good faith and reach consensus before making major decisions. This works when parents communicate well and can resolve disagreements without escalation.
Allocated decision-making — authority is divided by subject area. For example, Parent A might have final say on medical decisions while Parent B handles education. This reduces the need for constant consensus on every issue.
Sole decision-making — one parent has authority over all significant decisions. Courts typically order this when there's a history of family violence, serious power imbalances, or demonstrated inability to cooperate.
Parenting Time Explained
Parenting time is the schedule of when your child is physically in your care and under your supervision. This includes time when the child is at school or daycare during your scheduled period — you're the parent the school calls if there's an emergency.
The Old Terms vs. the New
If you're wondering where "sole custody," "joint custody," and "access" fit:
| Old Term | New Term | What It Means Now |
|---|---|---|
| Sole custody | Sole decision-making + majority parenting time | One parent makes all major decisions and has the child most of the time |
| Joint custody | Joint decision-making | Both parents share major decisions (physical time can be any split) |
| Shared custody | Shared parenting time | Each parent has the child at least 40% of the time |
| Access | Parenting time (for the other parent) | The time a non-majority parent spends with the child |
| Access (grandparents) | Contact | Court-ordered time for non-parents |
Why the Distinction Matters
The separation of these concepts gives NB courts flexibility to craft arrangements that serve the child's actual needs rather than forcing an all-or-nothing "custody" decision.
For example, a child might live primarily with one parent (70/30 parenting time) because of school proximity, while both parents share joint decision-making about education, health, and religion. Or parents might share 50/50 parenting time but allocate decision-making by subject area because they disagree on education philosophy.
The physical time split also has financial consequences: if each parent has the child at least 40% of the time (146+ days per year), child support is calculated using the set-off method rather than the standard table amount.
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Common Misunderstandings
"Joint custody means 50/50 time." Under the old terminology, this was already inaccurate — joint custody referred to decision-making, not physical time. The new terminology makes this clearer: you can have joint decision-making with any parenting time split.
"If I have more parenting time, I make all the decisions." The parent with majority parenting time doesn't automatically get sole decision-making. Courts frequently order shared decision-making even when one parent has the child 70% of the time.
"Shared parenting means we split everything equally." Shared parenting time (40%+ each) affects child support calculations, but it doesn't automatically mean equal decision-making. And within shared parenting, the exact split (50/50 vs. 60/40) can still vary.
"Day-to-day decisions are the important ones." Courts draw a clear line: the parent with the child at any given moment handles routine decisions. Major decisions (school choice, medical treatment, religious education) require following whatever decision-making arrangement is in your plan. Don't confuse the two.
Building Your Arrangement
The New Brunswick Child Custody & Parenting Plan Guide includes worksheets for structuring both decision-making responsibility and parenting time — with a time calculator to verify whether your proposed schedule meets the 40% shared parenting threshold.
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