Parenting, Guardianship & Parenting Time

Parenting Arrangements in British Columbia

When parents separate, one of the most important and sensitive issues to resolve is how they will continue to care for their children. British Columbia's Family Law Act uses the terms "guardianship," "parental responsibilities," and "parenting time" to describe how these arrangements work.

The guiding principle in BC family law is the best interests of the child. Every parenting decision — whether made by the parents or by a court — must reflect what is best for the child, not what is most convenient for the adults.

Guardianship

A guardian is a person who has parental responsibilities and parenting time with a child. In most cases, both parents are guardians of their children. Guardianship continues after separation unless a court orders otherwise.

Guardians have the right to receive information about their child's health, education, and welfare, and may have parental responsibilities such as making decisions about the child's day-to-day care, education, health, and extracurricular activities.

In some cases, a non-parent (such as a grandparent or step-parent) may seek to be appointed as a guardian. This requires a court application and is assessed based on the best interests of the child.

Parental Responsibilities

Parental responsibilities refer to the major decisions that need to be made about a child's upbringing. These include decisions about:

• Day-to-day care and supervision
• Education and schooling
• Health care and medical treatment
• Religious or spiritual upbringing
• Extracurricular activities
• Where the child will live

Parents can agree to share these responsibilities, allocate specific responsibilities to each parent, or a court can make these decisions if the parents cannot agree.

Parenting Time

Parenting time is the time that each guardian spends with the child. During their parenting time, a guardian is responsible for the day-to-day decisions about the child and has the authority to make routine decisions.

Parenting time schedules vary widely depending on the family's circumstances. Common arrangements include:

• Week on / week off schedules
• Schedules based on the school week with alternating weekends
• Split schedules with midweek visits
• Arrangements tailored to parents' work schedules
• Graduated schedules for younger children

The right schedule depends on factors like the child's age, each parent's availability, the distance between homes, and the child's existing routines and needs.

Best Interests of the Child

When determining parenting arrangements, BC courts consider a range of factors, including:

• The child's health and emotional well-being
• The child's existing relationships with parents, siblings, and other important people
• The history of care for the child
• The child's need for stability and consistency
• Each parent's ability to meet the child's needs
• Any family violence that has occurred
• The child's views, depending on their age and maturity

How We Help

We help parents in Kamloops and across Interior BC establish parenting arrangements that work for their family. This includes:

• Negotiating parenting schedules and agreements
• Drafting consent orders for court approval
• Representing parents in contested parenting disputes
• Assisting with guardianship applications for non-parents
• Addressing relocation issues when a parent wants to move
• Modifying existing parenting orders when circumstances change