What Are the Different Types of Custody Arrangements in BC?

What Are the Different Types of Custody Arrangements in BC?

In British Columbia, the Family Law Act (FLA) governs custody arrangements, though the term "custody" has been replaced with parental responsibilities and parenting time. These terms reflect the court’s focus on the best interests of the child, emphasizing collaborative decision-making and equitable time-sharing when possible.

Key Types of Custody Arrangements

1. Sole Custody (Sole Parental Responsibilities)

• One parent is granted the majority of decision-making authority for the child, including decisions about education, healthcare, and religion.
• The non-custodial parent may still have parenting time (visitation) but is not involved in major decisions.

2. Joint Custody (Shared Parental Responsibilities)

• Both parents share decision-making authority and responsibility for major aspects of the child’s life.
• This arrangement works best when parents can communicate and cooperate effectively.

3. Split Custody

• In cases with multiple children, each parent may have primary responsibility for one or more children.
• This arrangement is less common and typically applies when it aligns with the children’s best interests.

4. Shared Parenting

• Parenting time is divided relatively equally, with both parents having at least 40% of parenting time.
• Shared parenting requires significant coordination and typically involves joint decision-making.

Primary Residence and Access

• One parent has the child’s primary residence, while the other has scheduled parenting time (access).
• This arrangement often applies when one parent is better equipped to provide day-to-day stability.

Key Legal Concepts Related to Custody in BC

Parental Responsibilities

Refers to decision-making authority over major aspects of the child’s life, including:

• Healthcare
• Education
• Religion
• Extracurricular activities

These responsibilities can be shared or assigned to one parent.

Parenting Time

• Refers to the time each parent spends with the child, including both day-to-day care and special occasions.
• Courts encourage schedules that allow meaningful relationships with both parents.

Guardianship

• In BC, both parents are typically considered guardians unless otherwise decided by the court. Guardianship involves the right to make decisions about the child’s upbringing.

Factors Courts Consider When Determining Custody Arrangements

Best Interests of the Child

• Emotional, physical, and psychological well-being
• Stability in education, home life, and relationships
• The child’s wishes, depending on their age and maturity

Parental Cooperation

• Courts favor arrangements where parents can communicate and collaborate effectively.

History of Caregiving

• The court considers each parent’s role in caregiving prior to separation.

Family Violence or Abuse

• A history of family violence significantly impacts custody decisions.

Example of a Parenting Plan in BC

A divorced couple in Vancouver shares joint parental responsibilities, with the mother designated as the primary residence parent. The father has parenting time every second weekend, one evening per week, and additional time during school breaks. Both parents collaborate on major decisions like schooling and healthcare.

Benefits of Different Custody Arrangements

Seek Legal Assistance

If you’re exploring custody arrangements, Mills Family Law, experienced Vancouver family lawyers, can help you develop a plan that meets your child’s needs while protecting your parental rights. 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?
• How can I ensure my child’s education and lifestyle aren’t disrupted during or after the divorce?

For more details, refer to the Family Law Act of BC or consult a family lawyer for tailored advice.