Decision-Making Responsibility vs. Parenting Time in Yukon

If you've started reading about child custody in the Yukon, you've probably noticed that different sources use completely different words for what seems like the same thing. That's not sloppy writing — it's because two separate laws apply, and they use different terminology. Using the wrong terms on your court forms can get your application kicked back by the registry before a judge ever reads it.

Why Two Sets of Terms Exist

In 2021, Canada rewrote the federal Divorce Act to replace adversarial custody language with child-centered terminology. "Custody" became "decision-making responsibility" — who makes major choices about the child's health, education, religion, and extracurricular activities. "Access" became "parenting time" — when the child is physically with each parent.

The Yukon's territorial Children's Law Act was never updated to match. It still uses "custody" and "access" — the pre-2021 terminology.

Which Terms Apply to You

This isn't optional. The law that governs your case determines which words you must use on every form you file:

Married and divorcing? The federal Divorce Act applies. Your Statement of Claim (Form 91A) and all subsequent filings must use "decision-making responsibility" and "parenting time." Your parenting plan should specify which parent holds decision-making responsibility for each domain and how parenting time is allocated.

Common-law, unmarried, or separating without divorce? The territorial Children's Law Act applies. Your Statement of Claim (Form 91B) must use "custody" and "access." These aren't just different labels — they carry different legal presumptions and factor lists for how a judge evaluates the child's best interests.

What "Decision-Making Responsibility" Actually Covers

Under the Divorce Act, decision-making responsibility is about major life decisions — not day-to-day choices like what the child eats for dinner. It covers four specific domains:

• Health: medical treatment, dental care, mental health support, vaccinations
• Education: school enrollment, tutoring, special education decisions
• Religion: religious upbringing, participation in religious activities
• Extracurricular activities: competitive sports, music lessons, camps

Decision-making can be joint (both parents must agree), sole (one parent decides), or split (each parent has final say over specific domains). Joint sounds equitable but creates deadlock when parents can't agree. Many Yukon parenting plans assign specific domains to specific parents while keeping others joint.

What "Parenting Time" Actually Covers

Parenting time is simpler: it's when the child is physically in your care. During your parenting time, you make day-to-day decisions — meals, bedtime, homework routines. You don't need the other parent's permission for ordinary daily choices.

The critical number is 40%. If each parent has the child at least 40% of the time, it's classified as "shared custody" for child support purposes, and support is calculated using a set-off formula. Below 40%, the minority-time parent pays the full guideline amount based on their income.

Parenting Time vs. Custody: The Practical Difference

Under the old "custody" language still used in the Children's Law Act, a "custodial parent" holds both physical care and decision-making authority. The "access parent" has scheduled visits.

Under the Divorce Act, these are deliberately separated. A parent can have minority parenting time but joint decision-making responsibility — meaning they're fully involved in major decisions even though the child lives primarily with the other parent.

This separation matters because it reframes the discussion away from "winning custody" toward structuring what's actually best for the child.

Getting the Terminology Right on Your Forms

The Supreme Court registry clerks check forms for procedural compliance but cannot give legal advice. If you file Form 91A (divorce) using "custody" instead of "decision-making responsibility," the form may be flagged for correction — costing you days or weeks.

The Yukon Child Custody & Parenting Plan Guide covers both frameworks side by side, with specific guidance on which terminology to use on each court form and how to structure decision-making and scheduling proposals that satisfy whichever law applies to your situation.

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