Parenting Time & Custody

Understanding Parenting Time and Custody in British Columbia

In British Columbia, decisions about parenting time and custody significantly impact families undergoing separation or divorce. These terms outline the arrangements for how separated parents care for and raise their children. Northpoint Legal provides clear guidance to parents navigating these sensitive matters, ensuring they fully understand their rights and obligations under BC law.

What is Parenting Time?

Parenting time refers to the scheduled periods during which a child resides or spends time with a parent. This arrangement is crucial, as it defines how both parents maintain their relationships with their children following a separation. It involves day-to-day decisions and responsibilities regarding the child’s immediate care during these periods.

Parenting time arrangements can be highly flexible or precisely structured, depending on each family's unique circumstances. Northpoint Legal helps parents develop parenting schedules tailored to the child's best interests, prioritizing stability and consistency.

Understanding Custody (Guardianship)

In British Columbia, the term "custody" is commonly referred to as "guardianship." Guardianship describes the right and responsibility to make significant decisions about a child's upbringing, including education, health care, religious upbringing, and cultural participation. It is essential to note that having parenting time does not automatically grant guardianship rights, and vice versa.

Parents may have sole or joint guardianship, depending on what arrangement best supports the child's welfare. Joint guardianship requires collaborative decision-making, while sole guardianship grants these responsibilities exclusively to one parent.

How Does the Court Determine Parenting Arrangements?

When parents cannot agree on parenting time or guardianship arrangements, the BC courts intervene to make decisions based solely on the child's best interests. According to the Family Law Act of British Columbia, key factors considered include:

• The child's health and emotional well-being
• The child's views, depending on age and maturity
• Stability and continuity of care
• Each parent's willingness and ability to cooperate
• The history of the child's care and previous arrangements
• Potential impact of family violence, if any

Northpoint Legal advocates thoughtfully and respectfully to ensure that parenting arrangements reflect these critical considerations, aiming for resolutions that promote family stability and protect children from conflict.

Parenting Agreements

Many parents prefer to settle parenting arrangements outside the courtroom through parenting agreements. These agreements provide a structured and cooperative way to address parenting time, guardianship, dispute resolution, and any specific conditions important to the family. Agreements can be flexible, updated over time as family circumstances evolve, and can be legally enforceable.

Northpoint Legal supports clients by drafting comprehensive parenting agreements that clearly outline responsibilities, reducing potential conflicts and misunderstandings.

Modifying Existing Parenting Arrangements

Life changes, and parenting arrangements often need adjustment to reflect new circumstances, such as relocations, employment shifts, or changing family dynamics. Modifications to parenting time or guardianship require either mutual consent between parents or a court order.

Our team guides parents through modifying existing arrangements, ensuring changes align with legal requirements and continue to serve the child's best interests.

Relocation and Parenting Time

Relocation cases, involving significant moves by one parent, are particularly sensitive, requiring careful legal navigation. In BC, relocating a child typically necessitates formal notice to the other guardian, and disagreements may lead to court intervention. Courts carefully consider how relocation will affect the child's well-being, existing relationships, and parenting arrangements (Family Law Act, Part 4, Division 6).

Enforcing Parenting Arrangements

Sometimes disputes arise regarding adherence to parenting schedules. When one parent does not follow established arrangements, enforcement measures may become necessary. British Columbia provides several legal remedies to address these breaches, ranging from mediation and dispute resolution to court orders.

We support parents in effectively addressing enforcement issues, always prioritizing the restoration of cooperation and minimizing stress on the child involved.