British Columbia Law

Parenting Plans in BC: What Courts Require

By Andrew Liggett, Sea to Sky Law, New Westminster, BC

After separation, parenting arrangements are almost always the most emotionally complex issue for families to resolve. British Columbia's *Family Law Act* provides a clear legal framework — centred on the best interests of the child — but turning that framework into a practical, workable parenting plan takes thought, negotiation, and often professional help.

This guide explains what BC courts require in a parenting plan, how the best interests test works in practice, and what you can do if you and your co-parent cannot agree.

Guardianship vs. Parenting Time Under the Family Law Act

BC's *Family Law Act* uses specific language that differs from the old federal *Divorce Act* terms. Understanding the terminology matters:

Guardian: A guardian is a person who has parental responsibilities for a child — the right and responsibility to make significant decisions about the child's upbringing (education, healthcare, religion, cultural identity). Married spouses and most common-law spouses who lived together are both guardians of their children by default. Guardianship is about decision-making.

Parenting time: Parenting time is the time a child spends with each guardian. The parent the child is with during a given period is responsible for day-to-day decisions during that time. Parenting time is about residence and care schedule.

Contact: Contact is the time a non-guardian (such as a grandparent or step-parent) spends with a child. It is not the same as parenting time and does not carry parental responsibilities.

The Best Interests of the Child Standard

Under FLA s. 37, the best interests of the child is the only consideration courts apply when making parenting orders. Courts must consider all of the child's needs and circumstances, including:

1. The child's health and emotional well-being — including any history of family violence
2. The child's views, given appropriate weight based on the child's age and maturity
3. The nature and strength of the child's relationships with each parent, siblings, and other significant people
4. Each parent's willingness to support the child's relationship with the other parent
5. The history of care — who has been the primary caregiver and to what degree
6. The child's need for stability, including continuity of care, education, and community
7. Each parent's ability and willingness to meet the child's needs — physical, psychological, social, and educational
8. The impact of family violence on the child and the child's safety

The court does not presume that equal parenting time is always in a child's best interests — it depends on the family's specific circumstances.

What a Parenting Plan Must Include

A well-drafted parenting plan addresses the following:

1. Primary Residence and Parenting Time Schedule

The plan must clearly state where the child lives during the school week, on weekends, and during school breaks. It should specify:

• Which parent the child is with on which days
• Exact handoff times and locations
• What happens when a regular handoff day falls on a holiday

2. Holiday and Special Occasions Schedule

A detailed holiday schedule avoids conflict every year. Cover:

• Christmas / Winter Break (alternating years or split)
• Spring Break (alternating or split)
• Thanksgiving, Easter, and other long weekends
• Each parent's birthday
• The child's birthday
• Mother's Day and Father's Day
• School Pro-D days

3. Summer Vacation

Many plans specify a block of uninterrupted vacation time for each parent during summer — commonly two to four weeks. Address how much notice is required and how travel information is shared.

4. Decision-Making (Parental Responsibilities)

The plan should specify which decisions require agreement from both guardians and which can be made by the parent the child is with. Typically, major decisions (changing schools, elective surgery, international travel, religious instruction) require both guardians to agree. Day-to-day decisions (what to eat, bedtime, extracurricular activities during parenting time) are made by the parent present.

5. Communication Between Parents

Good parenting plans include communication protocols:

• Preferred method (text, email, a co-parenting app like OurFamilyWizard)
• Response time expectations
• How to share school and medical information
• What to do in an emergency

6. Dispute Resolution

When parents disagree about something not covered in the plan, what happens? Options include:

• Mediation first, then arbitration if mediation fails
• Parenting coordinator review
• Return to court as a last resort

Common Parenting Time Schedules in BC

Week-on / week-off: The child alternates weekly between each parent. Works well for older children with flexible needs and parents who live near each other.

2-2-5-5: The child spends 2 days with Parent A, 2 days with Parent B, then 5 days with Parent A, then 5 days with Parent B, repeating. Provides more frequent contact with both parents.

7-7 with mid-week visit: One week with each parent, with a mid-week dinner or overnight with the other. Balances extended time with frequent contact.

Fixed school-week with alternating weekends: The child lives primarily with one parent during the school week and alternates weekends. Often chosen when parents live far apart or a child has complex school routines.

80/20 or 70/30 arrangements: One parent has the child most of the time; the other has scheduled parenting time on weekends and school breaks. Common with very young children or where one parent has significantly less availability.

There is no universally "right" schedule — the best plan is the one that meets your child's specific needs given their age, school, activities, and the practical realities of both parents' lives.

How to File a Parenting Plan with the Court

A parenting plan reached by agreement can be:

• Left as a private agreement (enforceable as a contract but without court enforcement powers)
• Filed with BC Supreme Court or Provincial Court as a consent order — which gives it full court enforcement powers

To convert an agreement into a consent order, both parties typically sign a consent order form and file it with the court. A judge reviews and signs it. No court appearance is usually needed. Once it is a court order, breach of its terms can be enforced through contempt proceedings or a guardian enforcement application.

For families with an ongoing child support obligation, it is wise to coordinate the parenting plan with a child support calculation. Use our BC Child Support Calculator to estimate the base obligation, and see our guide to child custody in BC for a fuller explanation of how parenting orders work.

When a Plan Needs to Change

Parenting plans are not permanent. They should evolve as children grow and circumstances change. To vary a parenting plan (whether by agreement or court order), there must be a material change in circumstances — something significant that was not anticipated when the plan was made.

Examples of a material change:

• One parent relocates to a different city or province
• A child's school changes
• A parent's work schedule changes significantly
• A child's expressed wishes change as they mature
• One parent's ability to care for the child is affected by illness or other factors

Minor day-to-day frustrations do not meet this standard. The threshold for variation is meaningful — courts want parenting arrangements to be stable, not relitigated constantly.

Getting Professional Help

Parenting plans are best developed with the help of:

• A family law mediator — a neutral professional who helps both parents reach agreement without going to court
• A collaborative lawyer — who helps negotiate a plan with the other party's lawyer
• A parenting coordinator — who helps implement and fine-tune an existing plan

Going to court for a parenting order is expensive, slow, and adversarial — most families are better served by reaching agreement with professional support.

Contact our team to discuss parenting plan options. We represent parents across BC and offer phone and secure video consultations.

*This article is for general information only and does not constitute legal advice. For advice specific to your situation, consult a qualified BC family lawyer.*

This article is general information, not legal or tax advice. Meetings are by appointment only, by phone or secure video.