Parenting issues can be among the most important matters to resolve following a separation or divorce.
Parents may need to determine where their children will spend their time, how significant decisions will be made and how parenting responsibilities will be shared. Disagreements can also arise when circumstances change or when parents have different views about what arrangement is best for their child.
Highland Law is a law firm in Langley, British Columbia, assisting clients with family-law matters involving children and parenting arrangements.
If you are dealing with a child custody or parenting dispute, our family-law team can help you understand the legal framework, your options and the steps that may be available in your circumstances.
Child Custody and Parenting Arrangements in BC
Although many people still use the term “child custody,” current family law generally uses more specific terminology.
In British Columbia, family law addresses concepts including guardianship, parental responsibilities, parenting time and contact with a child.
For parenting matters under the federal Divorce Act, terminology includes parenting time and decision-making responsibility.
Understanding these distinctions can be important when negotiating a parenting agreement, reviewing an existing order or addressing a parenting dispute.
For a more detailed explanation of these concepts, read Highland Law’s guide to child custody laws in Canada and BC.
Parenting Time
Parenting time addresses when a child is in the care of a parent or guardian.
Parenting schedules can take many forms. The appropriate arrangement depends on the circumstances of the child and family rather than a predetermined formula.
In British Columbia, there is no automatic requirement that parenting time be divided equally. Parenting arrangements should reflect the child’s best interests.
A Langley family lawyer can help you understand how parenting-time considerations may apply to your circumstances.
Parental Responsibilities and Decision-Making
Parents may also need to determine how significant decisions concerning their children will be made.
Depending on the legislation that applies, these issues may be described as parental responsibilities or decision-making responsibility.
They can involve matters relating to a child’s education, healthcare and other important aspects of their upbringing.
How responsibilities are allocated depends on the circumstances of the family, any applicable agreement or order and the child’s best interests.
The Best Interests of the Child
The child’s best interests are central to parenting decisions.
Factors that may be relevant can include the child’s health and emotional well-being, views when appropriate, relationships with important people, history of care, need for stability, the abilities of those seeking parenting responsibilities or parenting time, and the impact of family violence.
There is therefore no single parenting arrangement that is automatically appropriate for every family.
Parenting Agreements and Parenting Plans
When parents are able to reach an agreement, clearly documenting parenting arrangements can help establish expectations and reduce uncertainty.
Depending on the family’s circumstances, an agreement or parenting plan may address:
- parenting schedules;
- holidays and special occasions;
- transportation and exchanges;
- parental or decision-making responsibilities;
- communication between parents;
- health and education decisions; and
- approaches for resolving future disagreements.
Legal advice can help parents understand the implications of proposed arrangements before they are finalized.
Resolving Child Custody and Parenting Disputes
Parenting disputes do not necessarily have to begin with litigation.
Depending on the circumstances, parents may attempt to resolve disagreements through negotiation, mediation or another appropriate dispute-resolution process.
Where an agreement cannot be reached, court proceedings may be necessary to obtain an order concerning parenting arrangements.
Highland Law can assist clients in understanding the options that may be available based on their circumstances.
Parenting Matters Involving Family Violence
Parenting disputes involving family violence require particular care.
Family violence can be an important consideration when determining a child’s best interests. Safety concerns can also affect whether particular parenting arrangements or requirements for cooperation between parents are appropriate.
Where safety concerns exist, legal advice can help a parent understand the options that may be available in their circumstances.
Changing Existing Parenting Arrangements
Families and children’s needs can change over time.
A parent may have questions about changing an existing parenting agreement or court order because of changes in a child’s circumstances, parenting schedules or other significant developments.
The requirements for changing an arrangement depend on the existing agreement or order, the circumstances and the applicable legislation.
Relocation can involve additional legal requirements, so parents considering a move that may affect parenting arrangements should obtain advice about their situation before making assumptions about what changes are permitted.
Family Law Services in Langley
Child custody and parenting arrangements can overlap with other family-law issues arising from separation or divorce.
For information about Highland Law’s broader family-law services, visit our Langley family law page.
Frequently Asked Questions About Child Custody in Langley
What can a child custody lawyer in Langley help with?
A family lawyer can provide advice about parenting time, parental responsibilities, decision-making, guardianship, parenting agreements, existing court orders and parenting disputes. The appropriate legal approach depends on the circumstances of the family and the needs of the child.
Do I need a lawyer for a child custody agreement in BC?
Parents may be able to reach parenting arrangements without going to court. Legal advice can nevertheless help a parent understand their rights and responsibilities and the implications of a proposed agreement before it is finalized.
Can a parenting dispute be resolved without going to court?
Depending on the circumstances, parents may be able to resolve parenting issues through negotiation, mediation or another appropriate dispute-resolution process. Where agreement cannot be reached, court proceedings may be necessary.
Can parenting time be changed after an agreement or court order?
Parenting arrangements can sometimes be changed, but the legal requirements depend on the existing agreement or order, the circumstances and the nature of the requested change. Legal advice can help determine what options may be available.
Does one parent automatically get equal parenting time in BC?
No. Parenting time is not automatically required to be divided equally in British Columbia. Parenting arrangements should reflect the child’s best interests and the family’s individual circumstances.
What if parents disagree about important decisions for their child?
Disagreements can arise over matters such as education, healthcare or other significant decisions. How decision-making responsibilities are allocated depends on the applicable legal framework and any existing agreement or court order.
How does family violence affect parenting arrangements?
Family violence can be an important consideration when determining a child’s best interests. Safety concerns can affect whether particular parenting arrangements or requirements for cooperation between parents are appropriate.
What should I bring when meeting with a child custody lawyer?
Relevant information may include existing court orders or agreements, parenting schedules, important correspondence and other documents related to the parenting issues involved. A lawyer can advise what additional information may be useful after reviewing the circumstances.
Where can I learn more about child custody laws in BC and Canada?
Highland Law’s guide to child custody laws in Canada and BC provides additional information about parenting time, parental responsibilities, decision-making and the best-interests framework.
Speak With a Child Custody Lawyer in Langley
Parenting disputes can involve significant legal and practical considerations, and every family’s circumstances are different.
Highland Law assists clients in Langley with family-law matters involving child custody, parenting time, parental responsibilities and parenting arrangements.
The information on this page is general in nature and does not constitute legal advice.
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