In BC, "parental rights" have been replaced by "parental responsibilities" and "parenting time." Here is what the law says about who has authority to make decisions for your child.
One of the most confusing terms in family law is "parental rights." In BC, modern family law no longer uses this term - it has been replaced by "parental responsibilities" and "parenting time." Understanding the difference is crucial when parents separate.
Parental responsibilities vs. parenting time
Under BC's Family Law Act:
• Parental responsibilities - the authority to make major decisions affecting the child's life: health and medical care, education, religion, and major life decisions.
• Parenting time - when the child physically lives with each parent and who provides day-to-day care.
These two concepts are separate. A parent may have shared parental responsibility (joint decision-making authority) but unequal parenting time (the child lives with one parent more often). Or, one parent may have primary responsibility and parenting time while the other parent has designated parenting time on weekends or summers.
Types of parental responsibility arrangements
1. Joint parental responsibility
Both parents share the authority to make major decisions. This requires:
• Communication and cooperation between parents
• Agreement on key life decisions (school, religion, medical treatment)
• A commitment to involving both parents in the child's life
Joint responsibility is the default assumption in BC law - courts encourage it unless there is evidence one parent is unfit or dangerous.
2. Sole parental responsibility
One parent has the authority to make major decisions, typically because:
• The other parent has abandoned the child
• There is a history of abuse or violence involving the child
• One parent is incapacitated or unable to participate
• The parents are unable to communicate about the child's needs
Sole responsibility does not eliminate the other parent's parenting time - unless there is also a safety concern.
3. Divided responsibility
Parents share responsibility for different areas. For example:
• One parent decides education matters, the other decides health and medical care
• One parent decides during their parenting time, the other during theirs
Divided responsibility is less common and can create confusion, so courts prefer joint or sole responsibility.
What decisions require parental responsibility?
Major decisions (requiring parental responsibility):
• Choice of school and education approach (public, private, homeschooling)
• Religious upbringing and participation
• Medical treatment (surgery, orthodontics, counselling, non-emergency care)
• Mental health treatment
• Extracurricular activities (especially expensive or time-consuming ones)
• Travel and relocation
• Passport and immigration matters
Day-to-day decisions (made by the parent with parenting time):
• Bedtime and meals
• Clothing and hygiene
• Homework and screen time
• Friendships and playmates
• Minor medical care (band-aids, over-the-counter medication)
• Local outings and activities
The parent with the child on a given day makes routine decisions without consulting the other parent.
Parenting time and its varieties
1. Equal parenting time (50/50)
Each parent has the child approximately half the time. This can be:
• Week-on, week-off
• Two weeks on, two weeks off
• Alternating five-day and two-day splits
• Other creative arrangements that work for the family
2. Primary and secondary parenting time
One parent has the child the majority of the time (e.g., 70% or 80%), and the other parent has designated parenting time on weekends, some weekdays, and/or summers.
3. Flexible or unstructured arrangements
Some families work out flexible schedules that adapt to the child's activities, school calendar, and both parents' work schedules. These work best when parents are cooperative.
4. Supervised or restricted parenting time
In cases where there are safety concerns (abuse, substance abuse, parental alienation, mental health crisis), the court may order that one parent's time with the child be:
• Supervised by the other parent or a third party
• Limited to specific locations or activities
• Conditional on drug or alcohol testing
• Suspended until the parent addresses the underlying concern
The "best interests of the child" standard
BC courts apply the "best interests of the child" test when determining parental responsibilities and parenting time. Key factors include:
• The stability of each parent's home and work schedule
• The quality of the relationship between the child and each parent
• The capacity of each parent to provide care, guidance, and emotional support
• The child's own wishes (more weight given to older children)
• The impact of the arrangement on the child's schooling and community ties
• Any history of abuse or family violence
• The ability of each parent to support the child's relationship with the other parent
Parental alienation
One of the most serious issues in custody disputes is parental alienation - when one parent undermines or sabotages the child's relationship with the other parent. Examples include:
• Speaking negatively about the other parent to the child
• Restricting the child's contact with the other parent
• Refusing to support the child's attendance at the other parent's home
• Pressuring the child to take sides
• Failing to pass messages or important information between the child and the other parent
If a court finds parental alienation, it is viewed very seriously and can result in a change to the parenting arrangement. In some cases, the alienating parent loses custody or parenting time.
At Sea to Sky Law™
We help parents navigate parental responsibility and parenting time disputes. Whether you are negotiating a parenting plan with your ex or preparing for a court hearing, we protect your rights and, most importantly, your child's best interests.
Contact us for a free intake call to discuss your parenting situation.
This article is for general information only and does not constitute legal advice.