Overview
Understanding Child Custody in BC
In British Columbia, the Family Law Act uses the terms 'guardianship,' 'parental responsibilities,' and 'parenting time' instead of the traditional 'custody' and 'access.' These concepts focus on the child's best interests and the practical arrangements for their care, rather than parental rights over children.
Guardians are responsible for making decisions about the child's health, education, religious upbringing, and other important matters. Parental responsibilities can be shared between guardians or allocated to one parent for specific decisions. Parenting time refers to the time each guardian spends with the child.
The best interests of the child is the only consideration in determining parenting arrangements under the BC Family Law Act. Factors include the child's physical, emotional, and developmental needs; the nature of the child's relationship with each parent; each parent's ability to care for the child; the child's views (if appropriate); and any family violence.
Our Vancouver family lawyers understand that custody disputes can be emotionally challenging. We work with you to develop practical parenting arrangements that serve your child's best interests while protecting your relationship with your child.
Our Child Custody Services
- Guardianship Applications
- Parenting Time Arrangements
- Parental Responsibility Allocation
- Parenting Plans & Schedules
- Relocation Applications
- Variation of Parenting Orders
- Emergency Protection Orders
- Grandparent & Third Party Access
- Custody Disputes & Litigation
- Mediation & Collaborative Law
Resolving Custody Matters
Initial assessment
We assess your situation, the child's needs, and the history of parenting to develop a strategy that serves the child's best interests.
Negotiation
We attempt to negotiate a parenting arrangement with the other parent. Many custody matters can be resolved through discussion or mediation.
Parenting plan
If agreement is reached, we draft a detailed parenting plan covering schedules, decision-making, communication, and dispute resolution.
Court process
If negotiation fails, we file a court application and represent you through the litigation process, including any interim applications.
Trial or settlement
Cases may settle before trial through negotiation or judicial case conferences. If not, we present your case at trial for a judge's decision.
Frequently Asked Questions
What is the difference between guardianship and parenting time?
Guardianship refers to the responsibility and authority to make important decisions about a child's upbringing (health, education, religion, etc.). Parenting time is the time a guardian spends with the child in their care. Both parents are typically guardians if they lived together when the child was born. A guardian may have parenting time or not—guardianship and parenting time are separate concepts.
Can I relocate with my child after separation?
Relocation with a child is complex and depends on the parenting arrangements. If you have the majority of parenting time, you must give 60 days' notice before relocating. The other parent can object. If you share parenting time equally, you need either the other parent's consent or a court order. The court considers the child's best interests, including their relationships and stability.
At what age can a child decide which parent to live with?
There is no specific age at which a child can decide. The BC Family Law Act requires the court to consider the child's views, 'unless it would be inappropriate to consider them.' The weight given to a child's views depends on their age and maturity. Courts are cautious not to put children in the middle of parental disputes. Older teenagers' preferences are generally given more weight.
How does family violence affect custody?
Family violence is a significant factor in determining the child's best interests. The court considers all incidents of family violence, the nature and seriousness of the violence, whether it was directed at the child, and the impact on the child. A parent who has been violent may have restricted or supervised parenting time, or may be denied parenting time altogether in serious cases.
Can grandparents get custody or access in BC?
Grandparents and other people significant to the child can apply for 'contact' (similar to access) with the child. They can also apply for guardianship in some circumstances. The court will consider the child's best interests, including the nature of the child's relationship with the grandparent. Grandparent contact is more likely to be ordered when the child has an established relationship with them.