A Guardian of a child has “parental responsibilities” and pursuant to section 41 of the Family Law Act the parental responsibilities that can be exercised by a Guardian are:
(a) making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child;
(b) making decisions respecting where the child will reside;
(c) making decisions respecting with whom the child will live and associate;
(d) making decisions respecting the child’s education and participation in extracurricular activities, including the nature, extent and location;
(e) making decisions respecting the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child’s aboriginal identity;
(f) subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;
(g) applying for a passport, licence, permit, benefit, privilege or other thing for the child;
(h) giving, refusing or withdrawing consent for the child, if consent is required;
(i) receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;
(j) requesting and receiving from third parties health, education or other information respecting the child;
(k) subject to any applicable provincial legislation,
(i) starting, defending, compromising or settling any proceeding relating to the child, and
(ii) identifying, advancing and protecting the child’s legal and financial interests;
(l) exercising any other responsibilities reasonably necessary to nurture the child’s development.
These parental responsibilities can either be shared by the child’s guardians or they can be divided pursuant to a court order or written agreement such that one of the guardians has the sole responsibility for some or all of the parental responsibilities.
A court order or a written agreement can also specify which guardian has the final say if the child’s guardians are unable to agree on any of the parenting responsibilities. If the other parent objects to any decisions made on behalf of the child that parent can apply to the court or the parents can attend mediation to try to resolve the issues.
