How Are Parenting Time and Decision-Making Determined in BC?
FAQs
How Are Parenting Time and Decision-Making Responsibilities Determined in a Separation in BC?
In British Columbia, parenting time and decision-making responsibilities (formerly referred to as "custody") are determined based on the best interests of the child, as outlined in the Family Law Act (FLA). These arrangements ensure the child’s well-being and stability, focusing on their physical, emotional, and psychological needs.
Key Concepts in Parenting Time and Decision-Making Responsibilities
1. Parenting Time
- Refers to the time each parent spends caring for the child.
- Includes day-to-day responsibilities such as feeding, clothing, and supervising the child.
- Schedules can range from shared parenting (equal time) to one parent having primary residence with scheduled visitation for the other.
2. Decision-Making Responsibilities (Parental Responsibilities)
Involves the authority to make significant decisions about the child’s:
- Education
- Healthcare
- Religion
- Extracurricular activities
Responsibilities may be shared jointly or assigned to one parent, depending on the circumstances.
How Courts Determine Parenting Time and Responsibilities
Best Interests of the Child
The court’s primary consideration is the child’s well-being, including:
- Stability and continuity in their living arrangements
- Maintaining strong relationships with both parents
- Emotional and physical safety
Parent-Child Relationships
- Courts assess the strength of each parent’s bond with the child and their involvement in the child’s life before the separation.
Parental Capacity
- Each parent’s ability to meet the child’s physical, emotional, and developmental needs is evaluated.
History of Caregiving
- The court considers which parent has historically been the primary caregiver.
Willingness to Cooperate
- The ability of parents to communicate and make joint decisions in the child’s best interests is a key factor.
Family Violence
- A history of family violence or abuse weighs heavily against granting significant responsibilities to the offending parent.
Child’s Wishes
- If the child is mature enough, their preferences may be considered.
Options for Parenting Arrangements
Shared Parenting
- Parenting time is divided relatively equally between parents, often with joint decision-making responsibilities.
- Works best when parents can communicate effectively and cooperate.
Primary Residence with Access
- The child resides primarily with one parent, while the other has scheduled parenting time.
- Decision-making responsibilities may be shared or given to one parent.
Split Parenting
- In cases involving multiple children, each parent may have primary responsibilities for one or more children.
- Less common and used only when it benefits the children.
Parallel Parenting
- A solution for high-conflict situations where each parent independently manages day-to-day decisions during their parenting time, with limited direct communication.
Creating a Parenting Plan
A detailed parenting plan can minimize conflict and ensure clarity for both parents and the child. A typical parenting plan includes:
Parenting Time Schedule
- Weekday and weekend schedules
- Holidays, birthdays, and vacations
Decision-Making Responsibilities
- Which parent decides on specific issues, such as schooling or medical care
Communication Rules
- How parents will communicate about the child (e.g., email, co-parenting apps)
Relocation Rules
- Guidelines for moving residences
Example in a Vancouver Context
A couple in Vancouver separates and agrees to shared parenting for their two children. They create a parenting plan with equal time, alternating weeks, and joint decision-making responsibilities for education and healthcare. The plan includes a provision for virtual visits when one parent travels for work.
Dispute Resolution for Parenting Issues
Mediation or Collaborative Family Law
- Parents work with neutral professionals to negotiate parenting arrangements.
Court Orders
- If no agreement is reached, the court decides based on the child’s best interests.
Parenting Coordinators
- A parenting coordinator can help resolve ongoing disputes and enforce agreements.
Seek Legal Assistance
If you’re navigating parenting time and decision-making responsibilities, Mills Family Law can provide legal guidance. Our experienced Vancouver family lawyers can help you create a parenting plan or represent your interests in court to ensure your child’s well-being is prioritized. Call us at 778-945-3003 or fill out our web form to get started today.
Related FAQs
- How do courts decide who gets custody of the children?
- What are the different types of custody arrangements in BC?
For more information, refer to the Family Law Act of BC or consult a family lawyer for personalized advice.