In British Columbia, the term “child custody” is no longer the primary terminology used in family law. Under BC’s Family Law Act, the modern framework focuses on guardianship, parental responsibilities, and parenting time. The distinction matters because parenting time concerns when a parent spends time caring for a child, while parental responsibilities concern who makes important decisions for the child. For more information please visit Child custody lawyer in Surrey BC
What Is “Child Custody” in BC?
“Custody” is commonly used in everyday conversation to describe arrangements for a child after separation. However, BC’s Family Law Act replaced the older custody/access terminology with more specific concepts.
Guardianship generally concerns a person’s legal responsibility for the child. Parents are generally guardians after separation, subject to the exceptions and arrangements set out in the Act. Guardians can have parental responsibilities, which include important decisions affecting the child.
Parental responsibilities can include decisions involving:
- The child’s education
- Health care
- Where the child will live
- Religious, cultural, linguistic, or spiritual upbringing
- Extracurricular activities
- Obtaining information about the child
- Legal and financial matters affecting the child
These responsibilities can be allocated between guardians by agreement or court order. They do not automatically have to be shared equally.
What Is Parenting Time?
Parenting time refers to the time a child spends with a guardian under a parenting agreement or court order. During their parenting time, a guardian generally has responsibility for the child’s day-to-day care, control, supervision, and routine decisions, unless an agreement or order says otherwise.
Parenting time may be structured in many ways, depending on the circumstances. For example, parents might agree to:
- A roughly equal parenting schedule
- Weekday and weekend arrangements
- Alternating weekends
- Holiday schedules
- School-break arrangements
- Specific arrangements for birthdays and special occasions
- Supervised parenting time where appropriate
Importantly, BC law does not presume that parenting time must be shared equally. The court considers the individual circumstances and the best interests of the child.
Custody vs. Parenting Time: Key Difference
| Issue | Traditional “Custody” Concept | Parenting Time in BC |
|---|---|---|
| Main focus | Legal/care authority over a child | Time spent with the child |
| Modern BC terminology | Generally replaced by guardianship/parental responsibilities | Used under the Family Law Act |
| Decision-making | Addressed through parental responsibilities | Day-to-day decisions during parenting time |
| Schedule | May describe where/how a child is cared for | Specifies when a guardian spends time with the child |
| Equal sharing | Not automatically required | Not automatically presumed |
How Does the Court Decide Parenting Arrangements?
The best interests of the child are the only consideration the court must apply when making decisions about guardianship, parenting arrangements, or contact. The Family Law Act identifies factors including the child’s health and emotional well-being, the child’s views where appropriate, existing relationships, the history of care, the child’s need for stability, each person’s ability to exercise their responsibilities, and the impact of family violence.
The law also requires arrangements to protect the child’s physical, psychological, and emotional safety, security, and well-being to the greatest extent possible.
Can Parents Agree on Parenting Time?
Yes. Guardians can make an agreement covering parenting time and the allocation of parental responsibilities. A written parenting agreement filed with the court can be enforceable as if it were a court order.
If parents cannot agree, a guardian can apply for a court order dealing with parenting responsibilities and parenting time. In appropriate circumstances, the court can also order supervised parenting time or supervised transfers of the child.
The Bottom Line
In BC, “custody” and “parenting time” are not interchangeable terms. The current legal framework separates the issues into:
- Guardianship — legal responsibility for the child.
- Parental responsibilities — authority and responsibility for making important decisions.
- Parenting time — the time a guardian spends caring for the child.
- Contact — time with a child by someone who is not a guardian.
For separated parents, understanding these distinctions can make it easier to determine what needs to be addressed in a parenting agreement or court application.
