Child custody, now referred to as parenting arrangements in British Columbia law, is one of the most sensitive and complex areas of family law. Whether you are separating, divorcing, or revisiting an existing arrangement, understanding the BC legal framework is essential for making informed, child-focused decisions.
Key Terms Under BC Law
- Parenting Responsibilities: The rights and duties to make major decisions about a child’s upbringing, including education, healthcare, and religious instruction.
- Parenting Time: The schedule that determines when each parent spends time with the child.
- Guardianship: In BC, parents are usually guardians of their children and share parental responsibilities unless a court orders otherwise.
- Contact: Time a child spends with someone who is not a guardian, such as a grandparent or other blood relative.
Since March 2021, both the federal Divorce Act and BC’s Family Law Act have moved away from the terms “custody” and “access,” replacing them with language that better reflects the focus on the child’s best interests.
How Parenting Decisions Are Made in BC
- Best Interests of the Child: The guiding principle for all decisions is the child’s best interests, which take priority over the wishes of either parent.
- Parenting Plans: If they agree, they can submit a parenting plan to the court. If not, a judge will decide based on evidence and the child’s needs.
- Shared Parenting: BC courts generally favour arrangements that allow both parents to remain involved, provided it is in the child’s best interests.
Factors Considered by BC Courts
When determining parenting arrangements, BC courts consider:
- The child’s health and emotional well-being
- The child’s relationship with each mother, father or other important people
- Each parent’s ability to care for the child
- The stability of each parent’s home environment
- The child’s views and preferences (depending on age and maturity)
- Any history of family violence, abuse, or neglect
- Each parent’s willingness to support the child’s relationship with the other parent
Types of Parenting Arrangements
| Arrangement Type | Description |
| Joint Parenting | Non-guardians (e.g., grandparents) may have a scheduled time with the child |
| Primary Parenting | One parent has the child most of the time, but both may share responsibilities |
| Split Parenting | Siblings live primarily with different parents |
| Contact | Non-guardians (e.g., grandparents) may have scheduled time with the child |
Preparing for Parenting Hearings in BC
- Documentation: Keep detailed records of parenting time, communications, and involvement in your child’s life.
- Civility: Remain respectful and cooperative, both in and out of court.
- Follow Agreements: Adhere to any existing interim orders or parenting schedules.
- Legal Support: Consider working with a family lawyer to ensure your rights and your child’s best interests are protected.
- Trial Preparation: If your case goes to trial, prepare your evidence, witness list, and arguments carefully. The court will expect clear, factual information focused on the child’s needs.
Filing for Parenting Orders in BC
- Determine the Court: Both Provincial and Supreme Court can grant parenting orders. The Supreme Court is required for divorce and property matters.
- File Necessary Forms: Complete and submit the required forms for your chosen court.
- Serve Documents: Ensure the other parent receives notice of your application.
- Attend Hearings: Be prepared to present your case, evidence, and any witnesses.
Final Thoughts
Child custody—now parenting arrangements—in BC is about ensuring the child’s well-being, stability, and continued relationships with both parents whenever possible. The process can be complex, but with the right preparation and support, you can help secure a positive outcome for your family.
Need guidance or representation for your parenting case?
Contact Ali Family Law to schedule a consultation and take the next step toward a child-focused solution.
