CanadaWho makes decisions about a child's education and healthcare after divorce?
After divorce in Canada, decisions about a child’s education and healthcare are made by the parent(s) with decision-making responsibility, as determined by a court order or agreement under the Divorce Act.
What the Law Says
The federal Divorce Act governs parenting arrangements for children of married parents after divorce. Section 16 gives courts authority to decide who holds decision-making responsibility — including for education and healthcare — based on the child’s best interests.
Decision-making responsibility means the right and duty to make significant decisions about a child’s life, such as schooling, medical treatment, religion, and extracurricular activities.
Under the Divorce Act, courts do not automatically assign these responsibilities to one parent. They may award sole decision-making responsibility to one parent, or shared decision-making responsibility to both — depending on what serves the child’s best interests.
The law emphasizes cooperation and encourages parents to reach agreements outside court. But if they cannot agree, a judge will decide based on evidence and legal factors like the child’s needs, each parent’s ability to care for the child, and the nature of the parent–child relationship.
Statutory TextCourt may make orders regarding decision-making responsibility and parenting time for children of the marriage.
— Divorce Act, s. 16 — Parenting orders
What to Do
Try to reach a written agreement with the other parent about decision-making responsibility for education and healthcare.
If you cannot agree, apply to court for a parenting order under the Divorce Act s. 16.
Prepare evidence showing your involvement in your child’s education and healthcare, and how your proposed arrangement serves their best interests.
Consider mediation or collaborative law before going to court — many provinces offer free or low-cost family justice services.
Follow any existing court order or agreement; violating it without legal cause may affect future decisions.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.