Parenting Time, Conflict & the Best Interests of the Child in BC

A 2025 Supreme Court of British Columbia Decision

In her first published judgment before the Supreme Court of British Columbia, DSG Family Law’s Darlene Sandhu represented a mother seeking to protect her children from the emotional fallout of an increasingly high-conflict co-parenting situation.

The case, I.K.S. v. P.S.A., 2025 BCSC 840, sheds light on the legal principles that guide parenting arrangements in British Columbia, particularly where parental conflict, family violence, and emotional harm to children are in question.

Case Summary: I.K.S. v. P.S.A., 2025 BCSC 840

Background

The case involved two separated parents disputing the terms of a shared parenting arrangement that had become unsustainable. The mother, represented by Darlene Sandhu, applied to vary an earlier interim order. She asked the court to:

• Establish primary residence for the children with her.
• Limit the father’s parenting time.
• Order child support and counselling for the father.
• Allow travel with the children to Mexico for a family event.

The parties had two children—a teenage daughter and a younger son—and jointly owned two properties in Langley, British Columbia. The father’s behaviour during parenting time raised serious concerns, including allegations of alcohol misuse, emotional volatility, and breaches of a prior protection order.

Key Allegations

The mother’s concerns were substantiated by incidents involving:

• The father consuming alcohol during parenting time.
• Police involvement and Ministry of Children and Family Development (MCFD) safety plans.
• Children expressing fear, distress, and reluctance to attend visits.
• Escalating conflict, including name-calling and threats.
• Failure by the father to contribute to shared property costs.

The father denied wrongdoing and accused the mother of alienating the children and using the legal system to interfere with his parenting time.

The Supreme Court of BC’s Decision

A Variation of Parenting Time Was Necessary

Justice Schultes ruled that the interim shared-parenting schedule had become unworkable. The court found that while both parties contributed to the breakdown of the arrangement, the children’s best interests required a shift in the parenting structure.

Modified Parenting Time for the Father

• The son would have structured alternating-week parenting time, broken up mid-week to reduce separation anxiety.
• The daughter would choose at least one overnight per week with the father to maintain a relationship without undue stress.
• Parenting time was made contingent on no alcohol use, no physical discipline, and respectful parental communication.

Counselling & Child Support

The court ordered the father to complete a 17-week “Caring Dads” program to improve his parenting skills and communication. He was also ordered to pay $1,999 per month in child support, based on a declared income of $137,000/year.

Hear the Child vs. Section 211 Report

The mother’s request for a Hear the Child report was denied in favour of a more comprehensive section 211 report, which would better assess each parent’s ability to meet the children’s needs in light of the conflict.

Travel Approved

The mother was granted permission to travel with the children to Mexico, despite the father’s objections. The court ruled the trip was in the children’s best interests and offered an opportunity for a positive family experience.

Why This BC Case Matters

This decision highlights the complexity of parenting arrangements in BC, especially when the children’s emotional health is at stake. It reinforces key legal principles:

• Best interests of the child take precedence over rigid scheduling or parental preferences.
• Court orders must be followed, especially regarding behaviour and communication.
• Parents must shield children from conflict, not involve them in adult disputes.
• Courts expect ongoing efforts to support and rehabilitate parenting relationships, not simply sever them.

This is a clear demonstration of the court’s measured, child-focused approach—an approach that DSG Family Law, under the leadership of Darlene Sandhu, is proud to advocate for in every case.

What Are Parenting Arrangements in British Columbia?

In British Columbia, parenting arrangements encompass two key components: parental responsibilities and parenting time. These arrangements are designed to prioritize the best interests of the child and are governed by the Family Law Act.

Parental Responsibilities

Parental responsibilities involve making significant decisions about a child’s life, including their education, healthcare, and cultural upbringing. These responsibilities can be shared between guardians or allocated differently, depending on what serves the child’s best interests.

Parenting Time

Parenting time refers to the periods when a child is in the care of a guardian. During this time, the guardian is responsible for the child’s day-to-day care and decision-making. The arrangements can vary, with some parents opting for equal sharing, while others have one parent as the primary caregiver. 

It’s important to note that only individuals recognized as guardians under the Family Law Act are entitled to parental responsibilities and parenting time. Generally, both parents are considered guardians, but exceptions exist, such as when a parent has never lived with the child or hasn’t regularly cared for them.

When determining parenting arrangements, the court’s primary consideration is the best interests of the child. This includes factors like the child’s health, emotional well-being, and the nature of their relationships with each parent.

How Is Parenting Time Determined in BC?

In British Columbia, determining parenting time is guided by the Family Law Act, which emphasizes the best interests of the child as the paramount consideration. Courts assess various factors to ensure that parenting arrangements support the child’s overall well-being.

Key Factors Considered by the Court

• Child’s Physical, Emotional, and Psychological Needs: The court evaluates the child’s health, safety, and emotional well-being, ensuring that any arrangement fosters a stable and nurturing environment.
• History of Care: Consideration is given to each parent’s past involvement in the child’s life, including caregiving roles and the ability to meet the child’s needs.
• Parent-Child Relationships: The strength and nature of the child’s relationship with each parent, as well as with siblings and other significant individuals, are assessed.
• Parental Abilities and Willingness to Cooperate: The court examines each parent’s capacity to care for the child and their willingness to support the child’s relationship with the other parent.
• Child’s Views and Preferences: Depending on the child’s age and maturity, their preferences may be considered, provided it is appropriate to do so.
• Family Violence: Any history of family violence and its impact on the child’s safety and well-being are critical factors in the court’s decision-making process.

It’s important to note that there is no presumption of equal parenting time; instead, arrangements are tailored to serve the child’s best interests. The goal is to ensure that the child maintains meaningful relationships with both parents, provided it is safe and beneficial to do so.

Need Help with a Parenting Dispute?
Contact DSG Family Law

Parenting arrangements can be emotionally complex and legally challenging—but you don’t have to navigate them alone. Whether you’re creating a new parenting plan, modifying an existing order, or facing conflict in shared parenting, Our Langley Family Lawyers at DSG Family Law offers the clear guidance and strong advocacy you need.

Darlene Sandhu brings trusted experience and a child-focused approach to every case. Schedule a free and confidential consultation today to protect your rights and prioritize your child’s best interests.