Parents need to finalize child custody matters before a divorce will be granted in British Columbia.
In most cases, after separation, both parents are involved in the decision-making processes for the children, who spend approximately equal time with each parent.
However, this is not always practical or considered in the best interests of the children. Each case is assessed on the unique family circumstances and custody is awarded accordingly.
If sole custody is the preferred custody arrangement, this will need to be ordered by the BC family courts. Here is what you need to know.
Child custody in British Columbia refers to who makes the key decisions in the child’s life (legal custody) and who the child spends time with (physical custody).
Understanding the two types of custody is essential because the BC courts generally favor joint custody in both cases—unless there are compelling reasons to rule otherwise, based on the child’s best interests.
Sole custody is a legal arrangement obtained by a written agreement between the parents or court order, whereby one parent has exclusive legal decision-making authority and exclusive responsibility for parenting the child.
The types of decisions that a sole custody parent can make include:
Written agreements to this effect are relatively rare in British Columbia because few parents are prepared to give up custody of their children without a fight. The family court system, too, is reluctant to remove a parent’s right to contribute to the decision-making process.
Under BC’s Family Law Act, the birth parents are the assumed guardians of the child and are expected to share parental responsibilities under normal circumstances. So, only in unusual circumstances will sole custody be awarded.
It should be remembered that even if one parent has sole custody of a child, the other parent retains parental rights, especially the right to spend time with the child.
Anything other than a joint custody arrangement for children in BC usually requires a court order stating the following:
An application to the BC Supreme Court or the provincial court can be made by the mother or the father of the children. However, considerable proof is required to demonstrate that the proposed sole custody arrangement is in the children’s best interests.
A seasoned child custody lawyer may be able to help you gather supporting evidence to make a strong case for sole custody.
If ongoing contact with one parent is not possible or detrimental to the child’s best interests, the BC courts may deem that sole custody for the other parent is the best outcome.
The types of grounds (legal reasons) that could make this possible include the following:
Each of the above grounds requires strong supporting evidence for a judge to order sole custody, so discuss your case with a suitably qualified family lawyer before proceeding.
You will need to demonstrate to the court how the proposed sole custody arrangement will be in the best interests of the children.
For instance, you will need supporting evidence to show the following:
Before applying for sole custody, you should familiarize yourself with the rights and responsibilities that accompany the status of a sole custodian of a child.
The most basic right is that the child can reside with you. A sole custodian is also responsible for making decisions that affect the child’s day-to-day upbringing (such as diet and clothing) as well as decisions that affect his/her education, religion, healthcare, etc.
A custodial parent also has the right to obtain third-party information relating to the children, such as medical, doctor or dental notes—and can represent the child in legal matters, if necessary.
There is no “right” or “wrong” time to apply for sole custody in BC. If you have sufficient reasons for doing so, you can apply at any point after separation from your spouse.
The timing usually depends on the circumstances. If one parent moves overseas or develops a drug problem after the separation, for instance, this could prompt an immediate application for sole custody.
The court may also decide to revisit the original custody order if it is evident that there are problems with it and no longer reflects the best interests of the children.
If you are considering applying for sole custody in the Langley area of British Columbia, DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer today.
At DSG Family Law, we are pleased to offer a free consultation to discuss the particulars of your family’s situation. During this no-obligation meeting, you can share your concerns and goals with one of our experienced lawyers. We understand that every family’s circumstances are unique, and we want to ensure that we can provide you with the best guidance tailored to your specific needs.
In addition to the free consultation, we also offer Flat Fees for Uncontested Divorces and agreements. This transparent pricing structure allows you to have a clear understanding of the costs involved upfront, ensuring no surprises along the way.
DSG Family Law is committed to providing you with strategic & compassionate guidance for all your family law needs, with clear solutions to complex matters.
Schedule your consultation today, and let us take the first step towards finding the best solutions for you and your family.
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