Parenting time.
Parenting decisions are among the most personal and consequential in separation. We help you build, change and enforce arrangements that put your children's needs first, under British Columbia's Family Law Act.
Two parts of every arrangement.
Parenting time
Where your child is, and when.
Best interests of the child
Every parenting decision turns on the best interests of the child. The court looks at the child's needs, safety and relationships, not at what either parent wants.
Schedules built around age
A schedule should fit the child's age, stage and routine, from frequent shorter transitions for infants to longer blocks and more flexibility for teenagers.
Shared and primary arrangements
Parenting time can be shared or primarily with one parent. Neither law presumes equal time; the arrangement depends on what the child needs.
Holidays and travel
Holiday schedules, special occasions and travel with the child can be set out in the order or agreement, so there is less to dispute later.
Decision-making
Who makes the important decisions about your child.
Parental responsibilities
Guardians share parental responsibilities by default. These include decisions about health care, education, religious and cultural upbringing and travel.
Dividing responsibilities
Responsibilities can be shared in full, or divided between the parents, for example one parent deciding on education and the other on health care.
Who is a guardian
A parent who has lived with the child is generally a guardian. A parent who has never lived with the child is a guardian only if they regularly care for the child.
When parents disagree
A court can allocate a decision that parents cannot agree on. Negotiation or mediation is usually faster and less costly as a first step.
Clear advice at every stage of parenting.
We act for parents who want an arrangement, parents defending one, and parents asking the court to change one, from a first schedule to an urgent application.
Parenting time schedules
Flexible schedules tailored to the ages of your children and the circumstances of your family.
Decision-making responsibility
Shared or sole authority over major decisions, including education, health care, religion and travel.
Guardianship
Advice on who is a guardian and how rights and responsibilities are allocated between parents.
Relocation applications
Acting for parents who want to move with the children, and for parents who oppose the move, within BC, across Canada or internationally.
Urgent and protection orders
Emergency applications where a child's safety is at risk.
Varying existing orders
Applying to change a parenting order or agreement when circumstances have materially changed.
From first call to resolution.
- 01
Book a consultation
A free 15-minute call or a paid one-hour strategy consultation. We review your situation and explain how the Family Law Act applies.
- 02
We build a strategy
We plan around your children's best interests and what is realistic for your family.
- 03
Agree or advocate
We aim for a consent order or written agreement, and advocate in court when that is not possible.
Questions we hear.
What is the difference between custody and parenting time?
BC law no longer uses custody and access. Parenting time is when a child is in a parent's care, and parental responsibilities are the decisions made about the child. Guardians share parental responsibilities by default.
Do courts presume equal parenting time?
No. Neither the Family Law Act nor the Divorce Act presumes equal time. The arrangement depends on the child's best interests, and under the Divorce Act a child should have as much time with each parent as is consistent with those interests.
Can I move away with my children?
A parent planning to relocate with a child generally must give the other guardian written notice at least 60 days in advance. If the other parent objects, the court decides based on the child's best interests.
What if the other parent is not following the order?
Parenting orders can be enforced through the court, which has a range of remedies for non-compliance, including make-up parenting time and costs. Keep a record of missed or changed time.
Can a parenting order be changed?
Yes, where there has been a material change in circumstances affecting the child. Parents can also change an arrangement by agreement, and changes should be recorded in writing.
Do I need to go to court?
Not always. Many arrangements are resolved through negotiation, mediation or a written agreement that can be made into a consent order. Court is used when agreement is not possible or urgent protection is needed.
Put your children first.
Book a confidential consultation to discuss your parenting arrangements.
Book a consultation