British Columbia Law
Child Custody Agreements - BC Family Law Act
We draft child custody agreements — including all other child-related legal issues and concerns. Sea to Sky Law™ has over 35 years of successful experience helping thousands of different people solve their legal needs, especially family law issues involving children.
The Language Has Changed — and So Has the Law
If you separated or divorced before 2013, you likely know the old terms: custody and access. The BC Family Law Act (FLA), which came into force on March 18, 2013, replaced those terms entirely. Today, in BC family law, we talk about:
- Guardianship — the status of a parent who has legal authority over a child
- Parenting Responsibilities — the decision-making authority a Guardian holds (health care, education, religious upbringing, etc.)
- Parenting Time — the time a Guardian is responsible for the child's day-to-day care
This change was deliberate. The legislature shifted the focus away from parental rights and toward parental responsibilities — what each parent owes to the child, not what each parent is entitled to claim.
Who Is Automatically a Guardian?
Under the FLA, both parents who were living with their child immediately before separation are automatically Guardians. A parent who has never lived with the child is not automatically a Guardian and must apply to the court — or enter an agreement — to acquire Guardian status.
Non-parents (grandparents, stepparents, other significant figures) can also apply for Guardian status or Parenting Time under the FLA, though they must meet a higher threshold.
The Best Interests of the Child: The Governing Standard
Every decision about Parenting Responsibilities and Parenting Time — whether made by agreement or by a court — must be guided by the best interests of the child. The FLA lists specific factors the court considers, including:
- The child's health and emotional well-being
- The nature of the child's relationship with each parent
- Each parent's ability to exercise their parenting responsibilities
- Any family violence or safety concerns (these are given serious weight under s. 37–38 of the FLA)
- The child's cultural, linguistic, and spiritual heritage
- The child's views and preferences, given appropriate weight for their age and maturity
Child Support Is Separate and Mandatory
Child support is not optional. Even if one parent has no Parenting Time at all, they are still legally required to pay child support under the federal Child Support Guidelines (CSG). The CSG set the monthly amount based on the paying parent's annual gross income and the number of children. The Guidelines apply to both married and unmarried parents, and to all biological and adoptive parents.
Special or extraordinary expenses — such as childcare, tutoring, extracurricular activities, and post-secondary education costs — can be added to the base child support amount and are usually shared in proportion to each parent's income.
Agreements vs. Court Orders
The best child custody arrangements are ones both parents have genuinely agreed to — because parents who built the agreement together are far more likely to follow it. A properly drafted separation agreement dealing with Parenting Responsibilities and Parenting Time is legally binding and can be filed with the court.
If parents cannot agree, either parent can apply to Provincial Court (for lower-conflict matters) or BC Supreme Court (for complex matters, or if a divorce is involved) for a parenting order.
Andrew Liggett's Dual Role
One parent can retain Sea to Sky Law™ for personal legal advice and representation. Alternatively, both parents can retain Andrew Liggett as a neutral Mediator or Arbitrator to help resolve parenting disputes without litigation.
Andrew holds the Law Society of BC's Family Law ADR Professional designation — covering both Family Law Mediator and Family Law Arbitrator designations — in addition to his standing as a Barrister & Solicitor.
Whether you need a parenting agreement drafted, a court application prepared, or a mediator to guide both parents to agreement, Sea to Sky Law™ is here to help — anywhere in British Columbia.
This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.