“Consequently, unless the parties agree explicitly, impliedly or by the acquiescence of one parent in favour of the other, or a court orders otherwise, separated parents remain equally entitled to participate in and make fundamental decisions about their children’s education and religion. (CLRA, s. 20(4))
While such a statement is not made expressly in the Divorce Act, I find that it applies there equally because, until a court makes an order thereunder, some regime must exist for the making of significant decisions about the children of separated and divorcing or divorced parents. A test based on the principle specifically enumerated in s. 20(4) of the CLRA seems the most logical to apply.”