Child custody in Canada follows the best interests of the child standard. BC Family Law Act governs parenting arrangements — here is what parents need to know.
When parents separate, one of the most pressing questions is: who decides where the child lives and how parenting time is split? In Canada, child custody is governed by provincial law, and in British Columbia, that law is the Family Law Act.
The "best interests of the child" standard
BC courts do not award custody based on what is best for the parents or on outdated assumptions about motherhood or fatherhood. Instead, courts apply the "best interests of the child" standard - a legal test that looks at:
• The stability of each parent's living situation and work schedule
• The relationship between the child and each parent
• The child's own wishes (more weight given if the child is older or mature)
• The capacity of each parent to provide care, guidance, and emotional support
• The impact of the separation on the child's schooling, friendships, and community ties
• Any history of abuse, neglect, or family violence (this is a major factor)
• The ability of each parent to encourage the child's relationship with the other parent
Parental responsibilities vs. parenting time
BC law uses two terms that replace the old "custody and access" language:
• Parental responsibilities - the power to make major decisions about the child's health, education, religion, and well-being. These can be shared (joint responsibility) or held by one parent.
• Parenting time - when the child physically lives with each parent. This can be equal, unequal, or any arrangement that works.
Many families arrange joint parental responsibility (both parents make major decisions) but unequal parenting time (one parent has the child more often). Other families split both responsibility and time equally.
Shared parenting is the starting assumption
The court looks at each child's best interests; there is no statutory presumption of equal parenting time, even if they are no longer together. This means:
• Courts generally encourage and order equal or near-equal parenting time
• If one parent tries to exclude or alienate the child from the other parent, this is viewed very negatively
• Unless there is abuse or serious risk to the child, both parents will have a role in major decisions
The only exception is when there is evidence of abuse, neglect, or serious risk - in those cases, the other parent's contact may be limited or supervised.
Parenting plans are preferable to litigation
Instead of going to court, many families work with a mediator or their lawyers to develop a parenting plan that both parents agree to. A parenting plan:
• Specifies where the child lives with each parent (a schedule)
• Names who has authority to make decisions about health, education, religion, and extracurricular activities
• Addresses how parents will communicate and resolve disputes
• Includes provisions for holidays, travel, and summer arrangements
• Is flexible enough to adapt as the child grows
A signed parenting plan can be filed with the court and is legally binding - without the time, cost, and stress of a trial.
Common pitfalls in custody disputes
• Assuming the court favours mothers - this is outdated. BC courts assess each parent's actual capacity and involvement, not gender stereotypes.
• Using the child as a messenger - this damages the child and undermines your credibility with a judge.
• Failing to encourage the child's relationship with the other parent - if a judge sees you actively excluding or undermining the other parent, they will question your fitness to be the primary parent.
• Assuming "custody" means the child never sees the other parent - under BC law, parenting time is almost always shared to some degree.
At Sea to Sky Law™
We help families navigate custody disputes through negotiation, mediation, and (if necessary) court proceedings. We prioritisize the child's best interests and seek stable, workable parenting arrangements that both parents can live with.
If you are facing a custody dispute, contact us for a free intake call. We will explain your rights under BC law and help you find the best path forward.
Parenting Time vs. Decision-Making — A Critical Distinction
Many parents confuse having Parenting Time with having Parenting Responsibilities. In BC:
- Parenting Time is the period when a Guardian is responsible for the child's day-to-day care — where the child sleeps, attends school, and spends their days.
- Parenting Responsibilities are the decision-making powers — health care, education, religious upbringing, travel, extracurricular activities, and more.
Parents can share equal Parenting Time but divide Parenting Responsibilities unevenly — for example, one parent may have final say on medical decisions while the other has final say on education. Courts try to craft arrangements that reflect each parent's strengths and the child's actual needs.
Parenting Agreements vs. Court Orders
Most parenting arrangements in BC are reached by agreement, not court order. A negotiated Parenting Agreement:
- Is private and confidential
- Can be tailored to your family's unique needs
- Can be reached faster and at lower cost than litigation
- Must still be in the child's best interests to be enforceable
If an agreement cannot be reached, the court will impose a parenting order based solely on the child's best interests — not on either parent's preferences, financial contribution, or conduct (unless that conduct directly affected the child).
Moving with Children After Separation in BC
Relocation is one of the most complex issues in BC family law. If you share Guardianship and want to move with your child — even within BC — you must give 60 days' written notice to all other Guardians. The other parent can object within 30 days, and the court will decide whether the move is permitted based on the child's best interests. You cannot simply move and take your child without following this process.
This article is for general information only and does not constitute legal advice.
BC's Family Law Act replaced the old 'custody' and 'access' terms with Guardianship, Parenting Responsibilities, and Parenting Time. Guardianship is the legal status; Parenting Responsibilities are the decision-making powers; Parenting Time is the period when a Guardian has the child in their daily care. The federal Divorce Act still uses 'decision-making responsibility' and 'parenting time.'
Under the BC Family Law Act, a court must consider all relevant factors affecting the child's best interests, including: the child's emotional, psychological, and physical needs; the nature of each parent's relationship with the child; each parent's ability to care for the child; any history of family violence; the views of the child (depending on age and maturity); and the impact of any proposed arrangements on the child's routine.
No. BC law does not favour either parent based on gender. Both parents who lived with a child before separation are automatically Guardians with equal status. Courts make parenting decisions based solely on the child's best interests, which typically means both parents remain involved in the child's life.
Not without notice and possibly court approval. If you share Guardianship, you must give 60 days' written notice of a proposed relocation. The other Guardian has 30 days to object. If they object, a court decides whether the move is in the child's best interests. Taking a child without following this process can constitute a family law violation.