How Do Courts Decide Custody in BC?

FAQs

How Do Courts Decide Who Gets Custody of the Children in BC?

In British Columbia, courts determine child custody, or parental responsibilities, based on what is in the best interests of the child. The focus is on ensuring the child’s emotional, physical, and psychological well-being rather than the preferences of the parents. Custody decisions are guided by the Family Law Act (FLA) and may also consider the Divorce Act for married couples.

Key Factors Courts Consider for Custody Decisions

1. Best Interests of the Child

The overriding principle in custody cases is the child’s best interests. This includes factors like:

  • The child’s emotional health and stability
  • The child’s relationships with each parent
  • The ability of each parent to care for the child

2. Parent-Child Relationships

  • Courts assess the strength and quality of each parent’s relationship with the child.
  • A history of active involvement in the child’s life is viewed positively.

3. Parental Capacity

The court evaluates each parent’s ability to meet the child’s needs, including:

  • Emotional and physical care
  • Providing a stable and safe home environment
  • Supporting the child’s education and development

4. History of Family Violence or Abuse

  • The court considers any history of family violence or abuse, as this may directly affect the child’s safety and well-being.

5. Child’s Preferences

  • If the child is mature enough to express their views, the court may consider their preferences. The weight given to the child’s opinion increases with their age and maturity.

6. Cultural and Religious Considerations

  • Courts may consider the child’s cultural or religious upbringing, especially if it plays a significant role in their well-being.

7. Existing Parenting Arrangements

  • Stability is crucial, so courts may favor maintaining existing arrangements that work well for the child.

8. Cooperation Between Parents

  • Courts prefer arrangements that encourage meaningful relationships with both parents. A parent unwilling to cooperate with the other may be viewed unfavorably.

 Types of Custody Arrangements

Joint Custody (Shared Parental Responsibilities)

  • Both parents share decision-making and parenting time, typically requiring cooperation and communication.

Sole Custody

  • One parent has the primary responsibility for major decisions affecting the child’s welfare, though the other parent may still have access or visitation rights.

Split Custody

  • Each parent has custody of one or more children, usually in cases with multiple children and unique circumstances.

Parenting Time (Access)

  • Non-custodial parents are generally granted parenting time or visitation to ensure the child maintains a relationship with both parents.

Practical Example in a Vancouver Context

A couple divorcing in Vancouver seeks custody of their two children. The court reviews evidence showing that both parents have been actively involved in the children’s lives. Despite some communication challenges, the court orders shared custody, with a parenting plan that includes equal parenting time and shared decision-making on education and healthcare.

How to Strengthen Your Custody Case

Demonstrate Active Involvement

  • Show your commitment to your child’s daily care, education, and emotional needs.

Maintain Open Communication

  • Be willing to cooperate with the other parent for the child’s benefit.

Avoid Negative Behavior

  • Do not engage in alienating the other parent or harmful behaviors, as these can negatively impact your case.

Seek Legal Assistance

If you’re navigating a custody dispute, Mills Family Law, experienced Vancouver family lawyers, can help you build a strong case focused on your child’s best interests. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more details, refer to the Family Law Act of BC or consult a family lawyer to discuss your specific circumstances.

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