Child Custody in BC: What Parents Need to Know
When parents separate or divorce, one of the most important decisions involves the care and custody of their children. British Columbia's Family Law Act uses the terms "guardianship," "parenting time," and "parental responsibilities" rather than traditional "custody" and "access." As family lawyers in Surrey, we help parents understand their rights and reach arrangements that prioritize their children's well-being.
Guardianship vs. Parenting Time
Guardianship refers to the legal authority to make decisions about a child's upbringing — including education, healthcare, religious instruction, and extracurricular activities. Both parents are typically guardians unless a court orders otherwise.
Parenting time is the schedule determining when each parent has the child in their care. During parenting time, that parent makes day-to-day decisions for the child.
Best Interests of the Child
BC courts make all custody decisions based on the best interests of the child. Factors considered include:
- The child's health and emotional well-being
- The child's relationships with each parent and other family members
- Each parent's ability to meet the child's needs
- The child's views (depending on age and maturity)
- Any history of family violence
- The child's need for stability
Parenting Plans and Agreements
Parents are strongly encouraged to reach a parenting agreement through negotiation or mediation before turning to the courts. A written parenting plan should cover the parenting time schedule, holiday and vacation arrangements, decision-making responsibilities, communication protocols, and dispute resolution procedures.
When Court Intervention Is Necessary
If parents cannot agree, either party can apply to the BC Supreme Court or Provincial Court for a parenting order. The court may appoint a family justice counsellor, order a custody and access report, or refer parents to mediation. Having an experienced family law lawyer in Surrey is essential when court proceedings are involved.