How Are Parenting Time and Decision-Making Determined in BC?

When parents separate and divorce in British Columbia, decision-making for the children and parenting time are two of the most pressing matters to be resolved.

Unless parental responsibilities are clearly communicated to all concerned and decisions are made in the child’s best interests, disputes can arise.

Differences of opinion and parental concerns are normal, but disputed matters that end up in court help nobody, least of all the child, so understanding how these types of matters are determined and how to avoid serious disputes is essential for parents.

Here’s what you need to know about parenting time and decision-making in British Columbia.

The legal framework for parenting time in British Columbia

In British Columbia, the default position under section 40 of the Family Law Act is that both parents should play an active role in raising their child even after they separate.

This usually requires both parents to be actively involved in the decision-making for the child, with the non-primary caregiver spending substantial time with the child through a workable parenting schedule.

In this way, both parents can maintain a strong, nurturing bond with their child even after the marriage has ended.

Different parenting styles, work schedules, and other commitments can create challenges for a parenting arrangement that works for everyone. Understanding the legal framework concerning this in B.C. can help avoid unnecessary disagreements and disputes.

Ultimately, parents must make decisions and negotiate agreements that are focused on the child’s best interests. Family law in B.C. details the following criteria considered by the courts when determining the best interests of the child:

• The child’s physical, emotional, and psychological well-being.
• The nature and strength of the child’s relationship with each parent.
• Each parent’s ability to meet the child’s needs and support their development.
• The child’s wishes and preferences (if mature enough to express an opinion).

Strategies for preventing & resolving parenting time disputes

The best way for parents to avoid parenting time and decision-making disputes is to focus on the child’s best interest at all times and maintain honest and open communication with each other.

Parents need to collaborate on tasks involved in raising their child, seeking fair and amicable resolutions to any issues.

This often requires some flexibility with scheduling and managing reasonable expectations of the child and the other parent. Be prepared to compromise on everything but the child’s best interests.

If a satisfactory outcome is not possible, conflict resolution processes must be introduced to mitigate the negative effects on the child.

Mediation, arbitration or litigation?

If normal discussions between parents do not produce a resolution, mediation is one of the best strategies to prevent a full-blown dispute.

Mediation sessions are led by a trained and independent mediator, who will try to facilitate a resolution, but the final decisions rest with the disputing parties, and matters remain private (unlike with litigation).

Another option is arbitration. This is where an arbitrator (often a retired family law judge) makes a legally binding decision after hearing evidence from both sides. The arbitration process is more formal than mediation but less formal than a trial—and matters remain private.

A parenting coordinator may also help resolve relatively minor parenting disputes in British Columbia by assisting with implementing existing court orders. This neutral third party is often a family lawyer, social worker or mental health professional, with specialized training in family law and dispute resolution. As a last resort, parents can seek court intervention to resolve disagreements. Courts in British Columbia will make parenting decisions aimed at guaranteeing the child’s welfare and providing the best opportunity for a supportive and nurturing environment. Usually, this is best achieved through a collaborative approach with joint custody or shared parenting.

Deal with parenting time disputes early

In the emotional aftermath of a divorce, it’s easy for minor disagreements to escalate into more serious disputes. It’s best to deal with issues as soon as possible before they flare up.

Most importantly, dealing with issues early will shield your child from the unnecessary trauma of being caught “in the middle” of two disputing parents. Custody battles are unpleasant for most individuals, but often the children suffer the most. Maintaining a healthy relationship with both parents is usually best for the child.

The focus should be on maintaining stability and consistency for the child during this period. The less upheaval the better, during an already difficult time when parents separate.

The other benefit of dealing with disagreements before they become deeper disputes is that legal action and extra costs can be prevented. If the matter heads to court and a trial, the extra costs can be significant, including legal fees for family lawyers and court costs.

Implementing shared parental responsibilities in BC

Shared parental responsibilities are a legal requirement in BC after parents separate, unless decision-making powers are allocated to only one parent (a much rarer outcome).

In the majority of cases, shared parenting time means that the child lives predominantly with one parent (the primary caregiver) but the other parent is awarded considerable time with the child according to a pre-agreed schedule.

Equal rights and responsibilities come with shared parenting arrangements. This requires collaborative planning and consultation between parents when making decisions. In practice, this often results in parents adopting one of two models:

• The Joyce Model allows the primary caregiver to make final decisions after consultation with the other parent.
• The Horn Model requires mutual agreement for all major decisions.

What is collaborative planning in BC?

For shared parenting arrangements to work, active participation and collaborative planning between parents are required.

Teamwork and cooperation are essential in decision-making and performing parental responsibilities aimed at protecting the welfare of their child.

The Child, Family and Community Service Act (CFCSA) makes provisions for collaborative planning to potentially involve family group conferencing and traditional decision-making, as well as mediation.

Family and community members are actively involved in decision-making, with plans and agreements to protect children and address family needs. This can prevent the need for court intervention, reduce the adversarial nature of disagreements, and pave the way for more constructive decision-making.

How can a family lawyer help with parenting time and decision-making disputes?

Many disputes arise between parents who do not understand their legal rights and responsibilities when it comes to parenting time and decision-making for their child, often because they are poorly advised by those around them.

An experienced family lawyer, with a deep understanding of B.C. family law, will not only provide legal expertise but also guidance and support at a time when emotions can get in the way of sound decision-making.

Your lawyer can also help you with:

• Negotiation with your ex-spouse and his/her lawyer
• Mediation sessions, if required
• Court representation, if required

If you need legal assistance with parenting time and decision-making disputes 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 our family lawyers today.