Questions about child custody can arise when parents separate or divorce. Parents may need to determine where their children will spend their time, how important decisions will be made and how each parent will remain involved in their children’s lives.
While “child custody” remains a commonly searched and understood term in Canada, family law legislation now generally uses terminology that focuses more specifically on parenting arrangements and responsibilities.
For families in British Columbia, understanding concepts such as parenting time, parental responsibilities, guardianship and the best interests of the child can make it easier to understand the legal framework that may apply.
The terminology and legislation can also depend on the circumstances of the family. The federal Divorce Act applies to parenting issues in divorce proceedings, while British Columbia’s Family Law Act addresses parenting arrangements, guardianship and related family-law matters in the province.
This guide provides general information about child custody and parenting arrangements in Canada, with particular attention to the legal framework affecting families in British Columbia.
What Does “Child Custody” Mean Today?
The term “child custody” continues to be widely used by parents and the public, but Canadian family law terminology has evolved.
Under the federal Divorce Act, the concepts of “custody” and “access” have been replaced with terminology including parenting time and decision-making responsibility for parenting arrangements under the current legislation.
British Columbia’s Family Law Act uses concepts including guardianship, parental responsibilities, parenting time and contact with a child.
Older court orders and agreements may still contain terms such as custody and access, so these terms have not disappeared entirely.
Understanding which legislation and terminology applies to a particular family can therefore be important when reviewing an agreement, negotiating parenting arrangements or dealing with a court proceeding.
Parenting Time
Parenting time generally concerns the time during which a parent or guardian is responsible for a child.
Parenting schedules can vary considerably depending on a family’s circumstances and the child’s needs. There is not one parenting schedule that automatically applies to every separated family.
In British Columbia, parenting arrangements are based on the best interests of the child rather than an automatic assumption that parenting time must be divided equally.
Parental Responsibilities and Decision-Making
Parenting arrangements involve more than determining where a child spends their time.
Parents may also need to determine who is responsible for important decisions concerning the child.
Depending on the legislation that applies, these issues may be described as parental responsibilities or decision-making responsibility and can involve matters relating to a child’s health, education and other important aspects of their upbringing.
How these responsibilities are allocated depends on the circumstances of the family and the child’s best interests.
What Are the Best Interests of the Child?
The best interests of the child are central to decisions about parenting arrangements.
When determining what is in a child’s best interests, relevant circumstances can include factors such as:
- the child’s health and emotional well-being;
- the child’s views, when appropriate;
- the nature and strength of the child’s relationships with important people;
- the history of the child’s care;
- the child’s need for stability;
- each person’s ability to carry out their responsibilities; and
- the impact of family violence on the child’s safety, security or well-being.
Parenting arrangements should therefore reflect the individual needs and circumstances of the child rather than assuming that one particular arrangement is appropriate for every family.
Are Parenting Arrangements Always 50/50?
No. Parenting time is not automatically required to be divided equally in British Columbia.
Parents may agree to arrangements involving substantial time with each parent, while other family circumstances may call for a different allocation of parenting time and responsibilities.
The appropriate arrangement depends on the child’s best interests and the individual circumstances of the family.
What Is a Parenting Plan?
A parenting plan can help parents establish expectations about how parenting will work following separation.
Depending on the circumstances, a parenting plan may address matters such as:
- parenting schedules;
- holidays and special occasions;
- transportation and exchanges;
- decision-making responsibilities;
- education and health matters;
- communication concerning the child; and
- methods for resolving future disagreements.
Clear parenting arrangements can help provide greater predictability for parents and children.
The terms of an agreement should reflect the family’s circumstances and the child’s best interests.
Resolving Parenting Disagreements
Not every parenting disagreement needs to be decided at a court hearing.
Depending on the circumstances, parents may be able to resolve parenting issues through negotiation, mediation or another appropriate form of family dispute resolution.
Where parents reach an agreement, parenting arrangements can be documented so that each person understands their responsibilities.
When an agreement cannot be reached, a parent or guardian may seek a court order dealing with parenting arrangements.
The appropriate process depends on factors including the issues in dispute, the family’s circumstances, existing agreements or orders and any safety concerns.
Family Violence and Parenting Arrangements
Family violence can be an important consideration in parenting matters.
When determining a child’s best interests, the potential impact of family violence on the child’s safety, security and well-being may need to be considered.
Safety concerns can also affect whether arrangements requiring significant cooperation between parents are appropriate.
Anyone facing immediate safety concerns should seek appropriate assistance.
Can Parenting Arrangements Be Changed?
Parenting arrangements sometimes need to change as children grow or family circumstances evolve.
Whether an existing agreement or court order can or should be changed depends on the circumstances, the applicable legislation and the terms of the existing arrangement.
Changes involving matters such as relocation can also involve specific legal requirements. Parents considering a significant change should therefore obtain legal advice about their particular circumstances rather than assuming that an existing arrangement can simply be changed.
Child Custody and Parenting Arrangements in Langley, BC
Although this guide discusses child custody laws more broadly in Canada and British Columbia, Highland Law assists families dealing with parenting matters from its office in Langley, BC.
Parents may have questions about parenting time, parental responsibilities, decision-making, guardianship, existing parenting orders or disagreements concerning proposed parenting arrangements.
If you are dealing with a parenting dispute or want to understand how BC family law may apply to your circumstances, learn more about working with a Langley child custody lawyer.
Parenting arrangements can also intersect with other issues arising from separation or divorce. Learn more about Highland Law’s family law services in Langley.
Frequently Asked Questions About Child Custody in Canada and BC
What does child custody mean in Canada?
Child custody is still a commonly used term for arrangements involving the care of children after separation or divorce. Current family law more commonly uses terms such as parenting time, decision-making responsibility, parental responsibilities and guardianship. The terminology that applies can depend on the family’s circumstances and the legislation governing the matter.
How is child custody determined in British Columbia?
Parenting arrangements in British Columbia are determined based on the best interests of the child. Relevant considerations can include the child’s health and emotional well-being, relationships, history of care, need for stability, views when appropriate and the impact of family violence.
Is child custody automatically 50/50 in BC?
No. Parenting time is not automatically required to be divided equally in BC. Parenting arrangements should reflect the child’s best interests and the individual circumstances of the family.
What is the difference between parenting time and decision-making responsibility?
Parenting time generally concerns when a child is in a parent’s or guardian’s care. Decision-making responsibility concerns significant decisions affecting a child’s well-being. In British Columbia, related responsibilities may also be described as parental responsibilities under provincial family law.
Does a child get to choose which parent to live with in BC?
A child’s views may be considered when determining their best interests, depending on the circumstances. A child’s preference is not necessarily the only consideration, and the significance given to their views can vary according to the circumstances.
What is a parenting plan?
A parenting plan sets out how parents intend to handle parenting after separation. It may address parenting schedules, holidays, decision-making, transportation, communication, education, healthcare and approaches for resolving future disagreements.
Can child custody or parenting arrangements be changed?
Parenting arrangements may sometimes be changed as circumstances evolve. The requirements can depend on factors including whether there is an existing agreement or court order, the nature of the proposed change and the legislation that applies.
Do parents have to go to court to resolve child custody issues?
Not necessarily. Depending on the circumstances, parenting issues may be resolved through negotiation, mediation or another appropriate dispute-resolution process. Court proceedings may be required when parents cannot reach an agreement or when the circumstances require court involvement.
What happens if one parent wants to move with the child?
A proposed relocation that affects parenting arrangements can involve specific legal requirements. The appropriate steps depend on the existing parenting arrangement and the circumstances. Parents considering a significant move should obtain legal advice before making assumptions about what is permitted.
When should I speak with a child custody lawyer?
Legal advice may be useful when parents disagree about parenting arrangements, need help understanding an agreement or court order, are considering significant changes to an existing arrangement, or want to understand their rights and responsibilities.
Families in Langley can learn more about working with a Langley child custody lawyer.
Speak With Highland Law About a Parenting Matter
Every family’s circumstances are different. General information about child custody and parenting arrangements cannot determine what should happen in an individual case.
Highland Law assists clients with family-law matters involving children and parenting arrangements.
This article provides general legal information and is not a substitute for legal advice concerning your particular circumstances.