March 25, 2024 – Decision-Making Responsibility & Administering Medication

“The father’s unwillingness to administer the child’s medication of his own volition, without consultation with the family physician or discussion with the mother, is of concern. In the case of Janjic v Janjic, 2015 ONSC 2880, the court found the father was in denial about his child’s condition and inconsistent in ensuring his child took the prescribed ADHD medication while in his care. The court found that ADHD was a serious condition and parents who are not willing to take positive, proactive steps to treat that condition when they have resources to do so should not have decision making responsibility: Janjic at para 150.

The mother has also demonstrated that, upon consultation with medical professionals, she is able to make medical decisions in the best interests of the child and will adhere to the medical treatment prescribed. The jurisprudence supports that decision-making responsibility be granted to the parent who will not only ensure their child obtains the medical treatment and specialized services they need, but will also ensure prescribed treatments are administered: Janjic at para 150; F.B. v C.H., 2021 ONCJ 275, at para. 51(f); and J.P.K. v S.E., 2017 ONCJ 306, at para. 198(n).”

          Robert v. Louisseize, 2022 ONSC 1756 (CanLII) at 67 & 90