We obtained an order for sole guardianship after a lengthy trial - a rare outcome in BC, where courts usually recognize both parents as Guardians. Here's what the law says and when sole guardianship may apply.
Sea to Sky Law™ has decades of successful experience solving the court disputes of thousands of different people. One of our notable achievements is that, after a lengthy trial, we were able to obtain an order of sole guardianship for our client. This outcome is notable because it is exceptionally rare for a BC court to deny a biological parent the status of Guardian.
The Legal Framework: BC Family Law Act (FLA)
When the BC Family Law Act (FLA) came into force on March 18, 2013, it replaced the old Family Relations Act language of "custody" and "access" with a new framework built around parental responsibility rather than parental rights. Under the FLA:
- Guardianship is the legal status of a parent who has authority over a child
- Parenting Responsibilities are the specific decision-making powers a Guardian holds (education, health care, religious upbringing, extracurricular activities, travel, etc.)
- Parenting Time is the period when a Guardian is responsible for the child's day-to-day care
Under s. 39 of the FLA, both parents who lived with their child before separation are automatically Guardians. A parent who has never lived with the child is not automatically a Guardian — they must apply for Guardian status, or the other parent must agree.
What Is Sole Guardianship?
In most BC family law cases, both parents share Guardianship. The court has a strong preference for shared decision-making because having both parents actively involved in a child's life is almost always in the child's best interests.
Sole guardianship means only one parent holds Guardian status — and therefore all Parenting Responsibilities. The other parent has no legal authority to make decisions about the child's education, health care, travel documents, or other guardianship matters. They may or may not have Parenting Time.
When Will a Court Grant Sole Guardianship?
Courts grant sole guardianship only in exceptional circumstances. The governing legal test is always the best interests of the child, as defined in s. 37 of the FLA. A court must consider all relevant factors, including:
- The nature and strength of the child's relationship with each parent
- Each parent's ability and willingness to exercise their guardianship responsibilities appropriately
- Any history of family violence — the FLA (ss. 37–38) requires the court to give significant weight to family violence and its impact on the child and on the ability of the violent parent to care for the child
- Whether one parent has demonstrated a pattern of non-cooperation, alienation, or refusal to comply with court orders
- The impact of any conflict between the parents on the child's well-being
In extreme cases — where one parent has been abusive, persistently alienating, repeatedly non-compliant with court orders, or poses a genuine safety risk — a court may conclude that shared decision-making is not workable and that sole guardianship in favour of the safer parent is in the child's best interests.
The High Bar in Practice
Obtaining sole guardianship requires presenting compelling evidence. Courts will not grant it simply because two parents disagree or because one parent is a poor communicator. The applicant must typically demonstrate:
- A documented history of conduct that directly harms the child or makes shared decision-making genuinely impossible
- Evidence from professionals (counsellors, social workers, parenting assessors) supporting the conclusion
- Often, a Family Justice Counsellor or Section 211 Report (an independent assessment ordered by the court) recommending the arrangement
Andrew Liggett's successful sole guardianship trial result came after extensive preparation, strong evidence presentation, and an in-depth understanding of how BC courts apply the FLA's best-interests test in high-conflict parenting cases.
High-Conflict Parenting: Getting the Right Advice
If you are in a high-conflict parenting situation — involving allegations of family violence, substance abuse, mental health concerns, or parental alienation — you need experienced legal advice before you take any steps. The decisions you make early in the process can significantly affect the outcome.
Sea to Sky Law™ advises clients on all aspects of parenting disputes, from negotiated parenting agreements to contested Supreme Court trials. Contact Andrew Liggett BA JD CD to discuss your situation.
Sole guardianship means only one parent holds Guardian status under BC's Family Law Act and therefore has all Parenting Responsibilities — the legal authority to make decisions about the child's education, health care, travel, and other major matters. The other parent may have Parenting Time but no decision-making authority.
Sole guardianship is granted only in exceptional circumstances. BC courts have a strong preference for both parents remaining involved in decision-making. To succeed, you must present compelling evidence of conduct that directly harms the child or makes shared decision-making genuinely impossible — such as a documented history of family violence, severe substance abuse, or persistent non-compliance with court orders.
Not necessarily. A parent who does not have Guardian status may still have Parenting Time — the right to have the child in their care for scheduled periods. They lose decision-making authority, not necessarily all contact with the child, unless the court determines contact itself would harm the child.
Successful sole guardianship applications typically require documented evidence of harmful conduct (such as family violence, substance abuse, or parental alienation), support from professionals such as counsellors or social workers, and often a Section 211 (Voice of the Child or parenting assessment) report from a court-appointed expert recommending the arrangement.