Parenting Arrangements After Separation in BC

After divorce or separation in BC, parents must decide two key matters regarding the children: how to make important decisions such as healthcare, extracurricular activities, education, religious upbringing, etc., and how to divide the children’s time between the parents and other important people in their lives.

Laws concerning these matters are codified in both the federal Divorce Act (for married couples who divorce) and the provincial Family Law Act, which covers anybody who has a child with someone else. There are many common areas in the two laws but it can get confusing for parents.

So, let’s investigate more about parenting arrangements after separation, the options available, and how to approach this matter if you’re facing such important decisions.

What are parenting arrangements in BC?

In BC, the time that children spend with their parents after separation is now called parenting time. The responsibility for making key decisions about the children is called decision-making responsibility or parental responsibilities and what used to be called “access” for other key people in the child’s life is now called contact.

Parenting arrangements is a collective term for the main responsibilities regarding the care of children, which is usually formulated into a parenting plan.

Integral to parenting arrangements is where the child will primarily live. This can be a point of contention between parents—as can who has the main decision-making responsibilities—but the courts discourage parental conflict, which could harm the children’s well-being and stability.

The family dispute resolution process in BC

In the majority of disputes involving children, litigation is discouraged. The delays, conflict, and expense of litigation can usually be avoided through alternative family dispute resolution processes, which take place outside of the court system.

Alternative dispute resolution may involve negotiation, collaborative law, mediation or arbitration depending on the nature of the dispute. Importantly, with such methods, parents retain control over the final decisions—rather than a judge deciding.

Within the BC family law system, the presumption is that parents know what’s best for their children, so judges should only intervene if necessary to protect the children’s welfare and best interests.

An example might be if domestic abuse or family violence has occurred. In such cases, standard mediation processes or collaborative law are unlikely to adequately provide for the child’s needs or safety.

However, under the terms of the latest Divorce Act introduced in 2021, parents must try to resolve their disputes through family dispute resolution processes if it is appropriate to do so.

What are a parent’s duties under the Divorce Act?

Under the latest terms of the Divorce Act, parents must:

• Exercise their parenting time, decision-making responsibility, or contact with a child under a contact order, in a manner consistent with the best interests of the child.
• Protect children from conflict arising from the proceeding.
• Where appropriate, try to resolve matters through a family dispute resolution process.
• Provide complete, accurate, and up-to-date information as required under the Divorce Act.
• Comply with court orders until they are no longer in effect.

The best interests of the child

The best interests of the child is the standard used in British Columbia for all matters that affect children. It is the sole consideration of judges asked to adjudicate on such matters.

Parents are free to make parenting arrangements as they choose as long as they are in the child’s best interests. All parenting plans will be reviewed by a judge during divorce proceedings and the divorce will only be finalized if the judge is satisfied that it meets the standard.

If the parents agree to a plan that does not involve equal parenting time for both parents, the judge will still approve it if it is deemed to be in the child’s best interests.

Factors determining the best interests of the child

Multiple factors affect the children’s best interests, all of which must be considered wherever appropriate under the terms of the Divorce Act.

The court must prioritize solutions that optimize the children’s physical, emotional, and psychological safety, security, and well-being. The following factors should be considered:

• The child’s needs, according to their age and stage of development.
• The child’s relationship with each parent and with siblings, grandparents, and other important people in their lives.
• The care arrangements before the separation and plans for the care of the child.
• The child’s views and preferences (if mature enough).
• The child’s cultural, linguistic, religious, and spiritual upbringing and heritage, including Indigenous upbringing and heritage.
• The parent’s willingness and ability to provide a stable and nurturing environment.
• The parent’s willingness and ability to support the child’s relationship with the other parent.
• The parent’s willingness to cooperate and communicate about parenting issues.
• Any history of family violence or existing civil or criminal proceedings relevant to the safety, security, and well-being of the child.
• Any other relevant factor to the child’s circumstances.

A person’s past behavior (for example, fault within the marriage) will not be considered by the BC courts unless it could impact the care of the child in the future.

Other considerations when making parenting arrangements in BC

In most cases, relatively equal parenting time between the child and each parent is considered the preferred option in BC but there are no presumptions. Whatever is in the best interests of the child will be ordered if a judge decides.

Parenting time and decision-making responsibilities

Parenting time refers to when a parent is responsible for a child, including when the child is at school or in daycare.

In most shared parenting arrangements, the parent with the child can make day-to-day decisions, such as bedtime and meals. However, with shared “decision-making responsibilities”, more important decisions concerning health, education, religious upbringing, etc. must legally be discussed with the other parent.

Contact orders

Parenting time usually includes contact with other significant people in the child’s life, such as grandparents or other family members.

A family member who has been excluded from the child’s life after the parents separate and is seeking contact may be able to petition the BC courts for a contact order. However, this will only be granted if it is in the child’s best interests. It is generally best to seek legal advice first.

Parenting plans

The Divorce Act encourages parents to develop parenting arrangements with as little court intervention as possible. Before a divorce is granted, however, a judge must approve a parenting plan for the children or make orders to address the children’s needs.

Parenting plans help the parties formalize how parental responsibilities will be shared following separation and divorce. These plans can be relatively general or specific but should address the role of each parent in the children’s care as well as the decision-making responsibilities for the child. Ideally, they include schedules outlining parenting time throughout the year, including holidays.

If both parents agree to a parenting plan and its terms are approved by the court, a parenting or contact order will be issued.

If you’re considering parenting arrangements 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.