The Legal Standard: Best Interests of the Child
Every parenting decision in British Columbia — whether made by parents or ordered by a court — must prioritize the best interests of the child. BC's Family Law Act sets out a comprehensive list of factors courts must consider, including the child's physical and emotional safety, the quality of relationships with each parent, each parent's ability to exercise parenting responsibilities, and the child's own views — given appropriate weight depending on the child's age and maturity.
Notably, BC family law no longer uses the terms "custody" and "access." These have been replaced by parenting time and parental responsibilities — language that reflects a more nuanced, child-centred approach.
Parenting Time vs. Parental Responsibilities
Parenting Time
Parenting time refers to the schedule — the specific days and times the child is with each parent. During their parenting time, each parent may make day-to-day decisions about the child's care (meals, bedtime, activities) without needing to consult the other parent. A detailed, written schedule reduces ambiguity and conflict.
Parental Responsibilities
Parental responsibilities cover major decisions affecting the child's life, including:
- Education and choice of school
- Healthcare and medical treatment decisions
- Religious and cultural upbringing
- Extracurricular activities and sports
- Obtaining passports and consent to travel
Parents can share all responsibilities equally (joint decision-making), or the court can allocate specific responsibilities to each parent based on their respective strengths, circumstances, and history with the child. Learn more from the BC government's guide to parenting arrangements.
Common Parenting Schedules
There is no one-size-fits-all parenting schedule. The right arrangement depends on the children's ages, school requirements, each parent's work schedule, and proximity of homes. Common arrangements include:
- Week on / week off (7-7): Children alternate between homes every seven days. Works well for school-age children with parents living in the same community.
- 2-2-3 schedule: Two days with one parent, two with the other, then three with the first — alternating. Provides frequent contact for younger children who do better with shorter separations.
- 5-2-2-5 schedule: Five days with one parent, two with the other, then alternating the five-day block. Offers more stability than the 2-2-3 with slightly less frequent transitions.
- Primary residence with regular access: Children live primarily with one parent and spend alternating weekends plus some weeknights with the other. Often used when parents live far apart or when work schedules are significantly different.
Holidays, birthdays, school breaks, and vacations should all be addressed in the parenting plan. Specificity prevents disputes.
How Courts Decide Parenting Disputes
If parents cannot reach agreement, a judge will determine parenting arrangements based solely on the child's best interests. Courts consider:
- Each parent's ability to provide a safe, stable, and nurturing home
- The child's existing relationships, friendships, and school community
- The history of caregiving during the relationship — who was the primary caregiver?
- Any history of family violence, substance use, or mental health concerns
- Each parent's willingness to support the child's relationship with the other parent
- The geographic stability each parent can provide
Before going to court, parties are generally required to attempt dispute resolution. BC offers family mediation services, parenting coordination, and collaborative family law as alternatives to litigation.
Parenting Coordinators
A parenting coordinator (PC) is a neutral professional — typically a psychologist, social worker, or senior family lawyer — appointed by agreement or court order to help parents resolve ongoing disputes without returning to court for every disagreement. PCs can make binding decisions on day-to-day issues, significantly reducing legal costs and conflict over time. This is particularly valuable in high-conflict post-separation situations.
Relocation and Mobility Rights
Relocation — when one parent wants to move with the child to a different city, province, or country — is one of the most contested areas of BC family law. The Family Law Act establishes a specific process:
- A parent planning to relocate must give the other parent at least 60 days' written notice of the intended move
- The non-relocating parent has 30 days to object in writing
- If there is no objection, the move may proceed
- If there is a written objection, the relocating parent must apply to court for permission before moving
Courts weigh the reason for the move, the disruption to the child's relationships and routines, whether a revised parenting schedule could preserve the child's relationship with the other parent, and the overall impact on the child's best interests. Neither parent is presumed to have the right to relocate.
Varying Parenting Arrangements
Parenting arrangements must evolve as children grow. A schedule that suits a three-year-old will not work for a fifteen-year-old. Either parent can apply to vary a parenting order or agreement when there has been a material change in circumstances — such as a change in a parent's work schedule, a significant shift in the child's preferences, or concerns about the child's wellbeing in the current arrangement.
Agreed changes should always be documented in writing — either in an updated separation agreement or a consent order filed with the court. Verbal arrangements, even if followed for years, can be difficult to enforce.
Provincial Court vs. BC Supreme Court
Parenting matters in BC can be heard in either BC Provincial Court or BC Supreme Court. The key practical difference: only the Supreme Court can grant a divorce. If you are married and need a divorce alongside parenting orders, file in Supreme Court. Either court can make parenting orders for unmarried spouses or where divorce is not sought.
Provincial Court proceedings are generally faster and less expensive. Supreme Court proceedings involve more formal procedure but are necessary in complex cases or where a divorce order is required.
How Parenting Arrangements Affect Child Support
Parenting time directly affects child support calculations. When a child spends at least 40% of their time with each parent, a different (often lower) support calculation applies. This is why parenting and support should always be considered together, not in isolation.
Frequently Asked Questions
Can a child choose which parent to live with?
A child's preferences carry weight — particularly for teenagers — but they are one factor among many, not a deciding one. Courts consider whether the preference reflects the child's genuine wishes or parental influence. There is no specific age at which a child can simply "choose."
What happens if one parent doesn't follow the parenting order?
Failing to comply with a parenting order is a serious matter. Consequences can include contempt of court findings, changes to the parenting arrangement, make-up parenting time, or costs orders. Persistent non-compliance can result in a reversal of primary residence.
Do grandparents have rights to see their grandchildren?
BC law recognizes that non-parents, including grandparents, can apply for contact with a child. However, parents' decisions about their children's relationships are given significant weight. Applications by grandparents must demonstrate that contact is in the child's best interests.
What if I'm concerned about my child's safety in the other parent's care?
If there are genuine safety concerns, you can apply urgently for a protection order, supervision of parenting time, or a variation of the parenting order. Courts take allegations of family violence and child safety very seriously and have broad powers to respond quickly in genuine emergencies.
Can we create a parenting plan without going to court?
Yes — and this is the preferred approach. A detailed parenting plan agreed upon by both parents and set out in a written separation agreement is just as binding as a court order and avoids the cost and stress of litigation. Many families use a mediator to help reach agreement on the details.
How Outset Law Can Help
Parenting disputes are among the most emotionally significant legal matters families face. Whether you are navigating an initial separation, responding to a relocation application, or seeking to modify an existing order, Outset Law provides strategic, compassionate guidance focused on your children's wellbeing. Contact us to book a consultation, or learn more about our parenting arrangements services in Vancouver.
